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Terms & Conditions

Terms and Conditions

The general conditions for using the electric Tuk Tuk and Classic Tuk service offered by DTT (‘Diva Tuk Tours’ belonging to ‘Diva Misteriosa – Táxis, Lda.’) Portugal are as follows:

  • This service is suitable from the age of three (3). Minors must be accompanied by a parent or guardian.
  • Rides cannot be modified, shortened or simplified at the customer’s request, nor can they be taken without returning to the starting point.
  • Only part of the tour can be booked at a partial price.
  • Any misuse of the service that could be understood as public transport of passengers in tourist vehicles for the sole purpose of moving from one place to another is prohibited.

It is important to note that the drivers who drive the Tuk Tuks are assistant drivers for tourist groups, and/or tourist animators, and/or tourist guides.


PRICE, DURATION AND PAYMENT METHODS

  • The price and duration of the service are reflected in the web tariffs at the time of contracting the service and are established in accordance with the General Price List in force (with regard to services, taxes and fees).
  • The service will be considered contracted when the customer makes payment through any of the means made available to them.
  • The customer undertakes to be ready to start the service on the scheduled date and time and at the agreed location. In the event of a delay, the contracted activity will be reduced according to the time lost, which may involve changing the fixed route and the duration of the contracted service. The activity will be considered cancelled if the delay exceeds 15 minutes, in which case the amount paid will not be refunded.
  • The customer undertakes to pay the amount corresponding to any fines or penalties arising from any infringement of current legislation that may be incurred as a result of misuse or incorrect behaviour during the service, as well as the corresponding surcharges for late payment by the customer and any legal or extrajudicial costs that Diva Tuk Tours may have incurred as a result of the above.

CANCELLATION AND RETURNS POLICY

If the cancellation of the contracted service is made with more than 48 hours’ notice, 100% of the amount paid will be refunded. Cancellations with less than 48 hours’ notice will not be accepted. If the booking is cancelled without prior notice, Diva Tuk Tours will not issue a refund.

  • In the event that weather conditions or other exceptional conditions (road closures, demonstrations, road traffic blockages, etc.) completely prevent the service from taking place, the amount paid will not be refunded.
  • The tour will take place in rainy or hot weather, with the exception of extreme conditions.
  • In the event of an error in booking the number of Tuk Tuks on the website, and not realising this until the start time of the tour, Diva Tuk Tours will not make any refund, as this availability will not have the possibility of being booked by another customer.
  • Four to six people are allowed per vehicle, four people per Classic Tuk and up to six people per tuk Tuk, so if more than four or six people show up who have booked a single Tuk Tuk or Classic Tuk, the tour cannot be cancelled.
  • If the itinerary is changed due to road closures or demonstrations on the day of the tour, no refund will be made. Diva Tuk Tours will offer an alternative itinerary for the same length of time as the one booked.

GUIDE TO BEHAVIOUR

Contractors of the service are informed that the driver of the vehicle reserves the right not to start/finish the activity in the event of non-compliance or contravention of any of the behaviours listed below:

  • The customer undertakes to make responsible use of the space they occupy in the vehicle and the other components and to comply with the rules of the Highway Code.
  • It is forbidden to change the seat assigned to each participant at the start of the activity, or to leave the vehicle during the activity, unless the driver indicates otherwise.
  • It is forbidden to stand up or make any movement likely to alter the normal functioning of the vehicle and/or cause inconvenience or damage, either to the occupants of the vehicle or to other road users. It is therefore forbidden to take arms, legs and/or objects out of the vehicle.
  • Participants in the activity are obliged to respect other road users and pedestrians, avoiding in any case any offence or insult, as well as excessive shouting or screaming, always maintaining a reasonable and appropriate noise level.
  • Vehicle occupants are obliged to look after and respect the furniture on board the vehicle.
  • Before and during the tour, participants are obliged to wear clothing appropriate to the type of activity to be carried out. It is forbidden, for example, to wear female and/or male bikinis, as long as there is nothing covering them, or to go shirtless.
  • It is forbidden to adopt any behaviour likely to distract the driver or attempt to take control of the vehicle.
  • It is forbidden to bring alcoholic drinks on board the vehicle; non-alcoholic drinks are allowed, as well as certain foods (snacks, etc.) as long as they are not packaged in glass, tins or ceramics.
  • Smoking is not permitted in the vehicle.

Finally, it should be noted that the above list is not exhaustive but is likely to include any unusual behaviour contrary to what is normally required of other citizens.


RECOMMENDATIONS AND WARNINGS

  • If the activity takes place during the summer months, to avoid heat shock and other adverse effects caused by the temperature, participants are advised to bring a bottle of water in a plastic container and to wear sun cream.
  • The vehicles have no space for luggage, only for a bag or rucksack, so it is advisable to check the size of your luggage before getting into the vehicle.

CIVIL LIABILITY EXEMPTIONS

As I am over 18, therefore of legal age, and participation in the activity to be carried out by hiring the service is entirely voluntary, I am aware that I am solely responsible for my behaviour/performance throughout my participation in the activity organised with the Diva Tuk Tours vehicle, as well as responsible for the behaviour/performance of the minors in my charge.

  • I know and am responsible for the risks and hold Diva Tuk Tours harmless from any damage and/or physical harm that I or the minors in my charge may suffer during the activity because of any action or behaviour that contravenes the provisions of the general conditions of the service.
  • I am aware of and take responsibility for the risks and hold Diva Tuk Tours harmless from any damage and/or physical harm that I or the minors in my charge may cause to third parties outside the activity during the activity, because of any action or behaviour that contravenes the provisions of the general conditions of the service.
  • I am aware of and assume responsibility for any complaints that the police may make because of my actions or those of the minors in my charge on board the vehicle or during the contracted service.
  • Diva Tuk Tours is exempt from liability if, due to circumstances beyond its control that prevent the scheduled route from being carried out (for example, traffic interruptions), it must pass through unforeseen locations or reduce its duration, without prior notice to the participants.
  • The aforementioned company is exempt from liability for any theft suffered by third parties during the tour.
  • I release the service provider from liability if the driver is forced to shorten or make a journey of less than the contracted duration due to circumstances beyond his control, such as lack of punctuality or the bad behaviour of all/some passengers (this clause also applies if the service is contracted by different groups).
  • I acknowledge and accept responsibility for any object, personal or otherwise (mobile phones, cameras, video cameras, etc.) falling from the vehicle, whether it is moving or stationary.
  • I release the aforementioned company from any liability for any breakage or damage that may occur to any object, personal or otherwise (mobile phones, cameras, video cameras, etc.), as a result of it falling out of the vehicle because it has been handed over to the company’s staff to take photographs, videos, etc. I am aware and undertake to follow and ensure that the minors in my charge follow the instructions of the company’s staff regarding the position to occupy in the vehicle, to maintain order and the smooth running of the activity, especially when several unknown groups take part in the activity.
  • I am aware of and assume responsibility for any damage or harm caused to myself or third parties, whether they are taking part in the activity or not, that I or the minors in my charge may cause because of violating the prohibition on changing seats / leaving the vehicle during the activity.
  • Diva Tuk Tours is not responsible for damage caused by third parties to passengers.

ACCEPTANCE

  • I have been informed and therefore authorise and accept that Diva Tuk Tours may use and/or publish my image and that of the minors in my charge for advertising or marketing purposes. In the event of disagreement with this clause, it is necessary to inform the staff responsible for the activity, who will record this refusal in writing (this document must be signed by both contracting parties).
  • I have been informed and therefore authorise and accept that Diva Tuk Tours may use cameras in the vehicle for security and internal control purposes. The images captured by these cameras will only be used for Diva Tuk Tours’ internal statistical control purposes and will be deleted after 30 days (as stipulated by law). In the event of disagreement with this clause, the staff responsible for the activity must be informed before contracting the service.
  • That in the event of doubt or misunderstanding about the conditions of the contract and in the absence of proof to the contrary, the parties adhere exclusively to what is stipulated in writing.
  • That in the event of cancellation and/or reduction of the total duration of the activity for reasons beyond the control of the service provider, the latter will not reimburse any amount paid on account.

If you have any questions or concerns about this policy, please do not hesitate to contact us at any time.