Portugal Holidays terms and condtions

1 Contract

Your holiday is operated by Latitude 40 Enterprises Limited, trading as Portugal Holidays, which is registered in England under company number 01209645. The booking conditions, together with the information set out on our website along with your confirmation invoice will form part of your contract with us, therefore please them read carefully.

In these booking conditions, “you” and “your” means all persons named on the booking, including anyone who is added or substituted at a later date. “We”, “us” and “our” means Latitude 40 Enterprises Limited. References to “departure” are to the start date of the arrangements we have contracted to provide.

The booking conditions apply to you and all persons named in your booking. By asking Latitude 40 Enterprises Limited to confirm your booking it is your responsibility as the booker to ensure that our terms and conditions have been read and relayed to all persons named on the booking. A copy of our terms and conditions can be posted or e-mailed to you on request. All bookings must be made by persons over the age of 18 and they must accept all financial responsibility for the payment of the booking on behalf of all those detailed on the booking.

This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.

2 Your financial protection

The UK Package Travel & Linked Travel Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked by us for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 9952), administered by the Civil Aviation Authority. They can be contacted at Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk
Airline tickets purchased from us are protected. Your flight and transportation arrangements are subject to the Conditions of Carriage of the airline or provider, some of which may limit or exclude liability. In the event of a delay, we do not have any liability to you and any arrangements will be the sole discretion of the airline or carrier involved.
When you buy an ATOL protected fight or flight inclusive holiday from us you will receive an ATOL certificate confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9952. The certificate lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. If we, or the suppliers identified on your ATOL Certificate are unable to provide the services listed (or a suitable alternative through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). For further information visit the ATOL website at www.caa.co.uk/atol-protection/
The price of our airline tickets/air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
When booking a Package at a single all-inclusive price we are unable to provide a price breakdown of the individual components of the Package.

3 Booking Conditions

A contract between us only comes into existence once we issue a confirmation invoice, following payment of the applicable deposit or full payment. You must contact us if you have not received your confirmation invoice within 48 hours of having made your booking. Upon receiving your documents, they must be thoroughly checked for any errors as it may not be possible to make changes after confirmation of a booking. We cannot accept any liability (for which we are responsible) if we are not informed of any inaccuracies in any of the documents/tickets within 7 days of our posting or emailing them to you. A binding contract will come into force between us once the confirmation invoice is sent out.
All bookings must be made by persons over the age of 18.
When making a booking with us we will create a client file for you.
Any passport, visa requirements, vaccination status and any other immigration requirements are the booker’s responsibility. You should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you are unable to travel due to not complying with passport, visa, vaccination or immigration regulations and requirements. Keeping up to date with what is required will be your responsibility. Further advice is available via the Foreign & Commonwealth Office: www.travelaware.campaign.gov.uk/ or www.gov.uk/foreign-travel-advice
Names must be given how they appear on the travel documents. Depending on your destination only first and last name is generally required if the destination requires the full name, you will be informed by the authorised travel agent. It will be the bookers responsibility to provide the authorised travel agent the correct names of those that they are traveling with along with their name. Name changes are dependent on the supplier and may incur a fee to change.
If you have obtained a quote from us but do not book at the time, we reserve the right to increase or decrease the price at any time.
It is a fundamental requirement of booking with us that you have adequate travel insurance for personal accident, medical expenses, repatriation and any cancellation charges. If you do not have or do not wish to purchase travel insurance, we will not be held liable for any losses which would have been covered if you had travel insurance. Please remember when purchasing travel insurance any pre-existing medical conditions must be disclosed prior to purchasing the policy.
The following are not included in the price:

Travel insurance (we strongly recommend you take out travel insurance for your holiday).
Transfers (unless otherwise specified)
Excursions or entrances fees (unless otherwise specified)
Passport, visa and health protection fees
Airport parking (unless otherwise specified)
Costs to and from the airport
Hotel facilities
Cots and food for infants
Room service
Meals (unless otherwise specified)
Hotel parking

4 Special Requests

For any special requests please ensure that they are requested at the time of booking. This is to ensure that these requests are relayed to the supplier as soon as possible. Requests cannot be guaranteed and are subject to availability. Additionally, depending on the request there may be an associated fee charged by the supplier for its fulfilment. Failure to meet any special request will not be a breach of contract on our part.
Some of our tours, activities and excursions may not be suitable for people with certain medical conditions, reduced mobility or other disabilities, whether permanent or temporary. This is all dependent on the capabilities of the individual as this may vary from person to person. Should the booker or any other persons in the booking suffer from any medical conditions, disabilities, allergies or reduced mobility which may affect your holiday needs or have any special requirements they should make this known to the booking agent at the time of booking. We will also need to be informed if a person is pregnant, as some airlines along with excursions and tour companies have restrictions depending on length of gestation and may require a medical declaration. We must be informed before confirmation of booking. Law’s regarding accommodation vary from country to country and we cannot guarantee hotels, transport and amenities will be equipped to meet the needs of wheelchair users or persons with disabilities.

5 Car Hire

Only the person named on the car hire reservation is permitted to drive the car rental. If you wish to have a second driver this will have to be done locally with the car hire company.
When booking a car hire with us it is the booker’s responsibility to read through any important information. Car hire prices are calculated per day and based on the pick-up and drop-off times.
It is your responsibility to ensure that your licence is up to date and is valid to use at the destination country and that you have held your licence for more than 1 year.
Car rental companies have age restrictions and there will be additional surcharges depending on the age of the driver. These surcharges will be paid locally.
Any additional items purchased such as extra driver, child seat, upgrades, additional insurances etc. will enter you into a separate contract with the car hire company. When possible we may be able to extend your rental agreement however if our contract with the supplier does not permit this you will be charged the rate advertised by the car rental supplier and pay any extra days locally to the car hire company.
Vehicles are hired on the basis of Car Type or Similar. When hiring a car, it is based on car class not a specific model or type. We cannot guarantee model or type just an example which is provided to us by the car hire company.

6 Accommodation

Only the persons named on the booking are permitted to use the accommodation. Subletting is not permitted.
You must observe the rules relating to the accommodation.
Your accommodation will include pre-payable Government taxes and compulsory service charges. However, some hotels depending on their location will require you to pay additional taxes locally such as City Taxes, Resort Fees etc. which will not be included in the accommodation price. You will be notified of such charges at the time of booking.
Hotel and apartment facilities such as Spa facilitates, sports etc. are not included unless otherwise stated.
Most hotel check-ins are from 2pm with check-out at 11am. This varies and you will be informed of the relevant times at the time of booking. Some hotels will allow you to leave your luggage at the reception/luggage room if you arrive earlier.
For earlier check-ins or later check-outs please enquire with the hotel directly. There may be a charge for this whereupon you will be charged locally. When possible we may be able to extend your stay however if our contract with the supplier does not permit this you will be charged the rate given to you by the hotel and pay for any additional nights locally.
All accommodation and resorts offered on our website and brochure are described as accurately as possible along with price. However, changes can occur and we reserve the right to make changes and will inform you of any such changes at the time of booking.

7 Excursions, Tours and activities booked

Any excursions or tours booked at your request are not operated by us locally. We act solely as an agent and we take no responsibility or accept any liability. Your contract will be solely with the operator of the excursion or tour.
Any excursions, or services booked by you locally at your destination do not form part of your contract with us. Your contract will solely be with the operator with whom the excursion, tour or service was booked with.
Some excursions, tours and activities may have a personal risk attached. In making and confirming a said excursion, tour or activity you consent to these risks.

8 Pricing

You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
When you make a booking, you will either be asked to pay the price in full, or if your booking meets our criteria, you may be able to leave a deposit. If you are booking 70 days or less before departure, we will ask for full payment. Deposit amounts vary and are dependent on suppliers. Some airlines will require tickets be issued straight away and some accommodations require pre-payments. You will be notified at the time of booking if this applies to you.
The balance of the price of your travel arrangements must be paid at least 70 days before your departure date. However we may require you to pay at an earlier date in order to guarantee a price. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements and we shall retain your deposit. We reserve the right to not send out reminders or statements.
Changes in transportation costs, including the cost of fuel, duties, taxes and exchange rates mean that the price of your travel arrangements may change after you have booked. These charges will not be passed on to you if your travel arrangements are within 30 days of departure. Any increases equivalent to 2% of the price of your travel arrangements will be absorbed by us, this excludes insurance premiums and any amendment charges. If the price of your travel arrangements increase by more than 8%, you will have the option of accepting a change to another holiday equivalent in quality, as long as we are able to offer you one. If the holiday offered is of lower quality you will be refunded the difference in price. Alternatively you can cancel and receive a full refund of all monies paid, except for any amendment charges. If you do choose to cancel for this reason you must exercise you right do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
We reserve the right to increase or decrease the prices of unsold holidays. We reserve the right to increase or decrease and correct errors in advertised prices before your holiday is confirmed.
Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence which is when we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us

9 If you change your booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen flight, departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. You will be asked to pay an administration charge of £25 per person, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer you make them to the departure date therefore you should contact us as soon as possible. Name change charges are dependent on the carrier and in the majority of cases airlines will not allow name changes and you may be required to purchase a new ticket. Such charges are likely to include the full costs of the flight and will be subject to availability.

IMPORTANT: Certain travel arrangements, such as airline flight tickets may not be changeable or refundable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

10 If you cancel your booking

You, or any member of your party, may cancel your travel arrangements at any time. Notification of cancelation must be made in writing by either post or email. If you do not receive a response from us within 48hrs please call us.
Should one or more members of your group cancel, this may increase the holiday price per person and you will be liable to pay this increase.
You have the right to cancel your holiday due to Unavoidable and Extraordinary Circumstances. In these circumstances you will be provided with a full refund and will not be charged cancellation charges. We will not be liable however to pay you any additional compensation. Please be advised that these rights to cancellation will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination within 14 days of your departure. “Unavoidable and Extraordinary” refers to warfare, acts of terrorism, natural disasters such as earthquakes and any significant risk to human health such as serious diseases.
Amendment charges are non-refundable.

Amount you will receive from us if YOU CANCEL your holiday:

Bookings 70 days prior to departure loss of deposit + any pre-paid flights and accommodation

69-35 days prior to departure 50% + any pre-paid flights and accommodation

34-0 days prior to departure 100%

Under the Consumer Contracts Regulations 2013 there is no automatic statutory right of cancellation.

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

11 If we change or cancel your booking

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Any changes to the actual airline after you have received your E-tickets will be notified to you as soon as possible. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
Flight times are set by the airlines and are subject to changes due to various factors such as weather conditions and technical problems making it outside of our control. We will try to notify you of any minor change, although we are not obliged to do so, nor are we liable to pay compensation.
If we make a major change to your holiday, we will inform as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure.
We are not liable to pay any additional compensation.
As some holiday arrangements are made many months in advance, there may be changes made to them and confirmed bookings may need to be cancelled. For example, the minimum number of participants has not been reached. We reserve the right to cancel such arrangements at any time.
Any change to the identity of the carrier, flight times or aircraft type will not entitle you to cancel or change to other arrangements without paying any charges where applicable.
If we cancel your booking or make a significant change to your booking once it has been confirmed but before the departure date. A significant change would be change of outward departure by more than 12 hours. Change of accommodation location for the whole or a significant part of your stay or downgrading. Change of UK departure airport except between the following: London airports, Gatwick, Heathrow, London City, Luton, Southend and Stansted. South Coast airports, Exeter, Bournemouth and Southampton. The South West airports Cardiff and Bristol. The Midlands airports Leeds Bradford, Liverpool and Manchester. The North East airports Newcastle and Teesside. Scotland airports of Aberdeen, Edinburgh, Glasgow and Prestwick. You will have the following choices:
1. accepting the alteration
2. accepting the cancellation
3. taking an alternative holiday (if more expensive you will cover the cost if cheaper, we will refund the difference.
4. if there is a major change a full refund of all monies paid.
We must be notified of your choice within 7 days. If within these 7 days you have failed to notify us of your choice, we will contact you again where you will have an additional 7 days to notify us. If after the second notification we have still not received a response, we will assume that you have accepted the alterations and therefore agree to the alternative travel arrangements.

14 Force Majeure

We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport. Advice from the Foreign & Commonwealth Office not to enter or remain in a particular country or area will generally be regarded as force majeure.

15 Delayed, denied boarding and flight cancellation

In the case of a flight/rail/ferry delay, denied boarding or cancellation on either your UK or overseas point of departure is the airlines/rail company/ferry company’s responsibility to provide assistance as it is legally required by the UK Denied Boarding Regulations. We cannot accept liability or offer assistance for any delay or denied boarding for reasons which include the behaviour of any passenger(s) who fail to check-in or board in time for their flight.

If your flight is delayed, downgraded, cancelled or boarding is denied by the airline and depending on the circumstances. Then the airline may be required to pay you compensation or refund the cost of your flight and/or provide accommodation and/or provide refreshments under Regulation EC261/2004 (as amended by The Air Passenger Rights and Air Travel Organisers’ Licensing Regulations 2019. You must register a complaint with the relevant airline for the compensation. Please be aware that any delay or flight cancellation does not entitle you to cancel any other arrangements made with us even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the UK Denied Boarding Regulations or in respect of any flight delay or flight cancellation, downgrading of any flight or boarding denial. This is covered by the airline’s obligations under the UK Denied Boarding Regulations. If the airline does not comply with its obligations, you may contact the CAA Passenger Advice and Complaints Service www.caa.co.uk/passengers/resolving-travel-problems

We have no control over seating on the aircraft and cannot guarantee the seat you will be given even if it was pre-paid. We do not accept liability if there has been an aircraft change and the seating configuration on board has changed as a result of this. Pre-paid seats are non-refundable.

16 Obligation to Provide Assistance

We are obliged to offer assistance without delay if you run into difficulty during your holiday. Such as information on consular assistance, local authorities and heath services. As well has finding alternative travel arrangements.

If the difficulty is caused either by intention or negligence by you then we are obliged to charge a fee for the assistance.

17 Suppliers’ Conditions

Our third-party suppliers will have their own booking/carriage conditions and you will be bound by these. Our suppliers’ conditions will also apply to your contract with us.

18 Our liability

We are responsible for the correct provision of services which we have agreed to provide and perform as part of the contract that you have made with us with reasonable skill and care. This means we will accept responsibility if you suffer death or personal injury or your contracted arrangements are not provided as promised or if your contracted arrangements prove to be deficient due to a direct result of our employees, agents or suppliers’ failure to meet reasonable skill and care in providing you with your contracted holiday arrangements. Any price reduction or compensation will be calculated whilst taking into consideration all relevant facts. It will be your responsibility to show that reasonable skill and care has not been used if you do wish to make a claim against us.

We are not responsible or obliged to pay you compensation for any of the following, death, illness, injury, damage, expenses, loss or any other claim if it results from

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 your travel package and which were unavoidable and extraordinary

Force Majeure (as defined in clause 14)

We do not accept responsibility for any service, facility, tour or excursion that does not form part of the contract.

Laws and applicable standards of the country in which your claim occurred will be used for deciding whether the services in question were negligent. Even if the laws and standards do not comply with the UK laws. With exception to the absence of safety regulations.

If by English law we do not limit the amount of damages you are entitled to claim due to personal injury or death which we or our employees have caused intentionally or negligently.

For all other claims if we are found liable the maximum amount, we will have to pay to you is three times the total holiday cost (this excludes any amendment charges and insurance premiums). The maximum amount is only payable if all has gone wrong and your party has received no benefit from your holiday whatsoever.

We do not make to commit or represent that all services comply with the applicable local laws and failure to comply does not mean we have not exercised reasonable competence and attention.

A condition of our acceptance of liability travel by air, sea, rail or any stay in a hotel where the extent of our liability will in cases be limited then the following applies: -

Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s). Such conventions and regulations include the Warsaw Convention as amended or unamended, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and for airlines with an operating licence granted by an EU country, the Regulation (EC) No 889/2002 on air carrier liability in the event of accidents, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol), and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

We cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

19 Conduct and Responsibilities

You will treat and speak to our employees and representatives in a courteous manner. If in our opinion or the opinion of any other person of authority your behaviour or any other person(s) concerned is deemed likely to cause distress or danger towards any third party or damage to property then we are entitled, without notice to terminate your holiday. We will have no responsibility to included any return/alternative travel arrangements. No refunds will be made and we will not liable to pay any expenses or costs incurred as a result of the termination of your holiday.

You must not do or permit any damage which could lead to the injury to any person.

You must not do or permit to be done anything which might lead to damage or loss to a property. Any costs incurred will be solely your responsibility, and must be made directly to the supplier in question. It will be your responsibility if any claims are made against us due to your actions which include also legal costs ours and the other party’s.

20 Data Protection and Privacy

We are committed to protecting and respecting your privacy. We will use any information collected about you to carry out our obligations arising from any contracts entered into between you and us. We only pass information on that is relevant to the suppliers of the travel arrangements that are made for you. Information may also be passed onto if requested to customs and immigration, security or credit checking companies or as required by law.

We do not store any debit or credit card details.

21 If You Have a Complaint

All complaints must be made at the time of occurrence to the supplier or service concerned thereby giving opportunity for the complaint to be resolved. If unresolved then please contact us directly.

Please follow up any complaints against us within 28 days of your return home by writing to our Customer Services Department at Latitude 40, 21A Pembridge Road, London W11 3HG or emailing us at info@portugalholidays.co.uk, providing us with your booking reference and all relevant information.