Terms and Conditions

About us

Azores Fabulous Tours, hereinafter referred to as AFT, "we" or "our", depending on the context, is a company based on the island of São Miguel, Azores.

AFT provides island tours and other services related to tourism activity (partner company activities, accommodation, etc.) to users from all over the world through this website, applications or social networks.

AFT is not a travel agency and is not responsible for providing, setting or controlling prices if they are available through travel agencies or other partners. AFT services provided by independent travel agencies, airlines, hotels, tour operators or other third party entities are covered by the terms and conditions stipulated by such third party entities.

AFT services are provided by the sole proprietorship of Raquel Filipa Teixeira Sousa Corrêa, with tax identification number 271 689 862. Company details, including correspondence address, are available in this document.

Terms and Conditions

These terms and conditions govern your access to and use of AFT's services and, together with our privacy policy, constitute a legal agreement between you and AFT. By accessing or using our services, we assume that you have read, understood and agreed to these terms and those of the privacy policy.

These terms may be modified at any time and at our sole discretion. If these terms are modified, we will display the amended terms and conditions on this page and we will assume that you have accepted any changes if you continue to use our services.

If you do not accept any of these Terms, you must not use our Services.

Use of AFT services

AFT services may only be used in compliance with Portuguese laws and for legitimate purposes. Subject to your agreement to comply with these terms, we grant you a non-transferable, non-exclusive license to download, access and use our services solely for your personal, non-commercial purposes. In particular, we grant this license if you agree not to:

a) use our services for any inappropriate or illegal purpose, or post, share or transmit any material;

(i) defamatory, offensive, obscene or objectionable;

(ii) that infringes the confidentiality or privacy of any third party rights, including copyright, trademark or other intellectual property rights;

(iii) that is published, shared or transmitted for the purpose of advertising or promoting yourself or a third party; or

(iv) that is misleading or false regarding your identity or that suggests that you are sponsored by, affiliated with or connected to Azores Fabulous Tours;

b) use our services for any commercial purpose (unless expressly granted) or in a manner that could harm or discredit AFT;

c) disassemble, reverse engineer or decompile any software, application or update on this website, except as provided for in Portuguese and European Community law;

d) attempt to breach or unlock any security measures used to prevent or limit access to or use of our services;

e) use or interfere with AFT services in a manner that could damage, disable, overburden, invalidate, or compromise our systems or security, or interfere with other users;

f) submit or transmit through our services any malicious program code, virus, denial-of-service attack or spam, worm, Trojan horse, authorization key, license control utility or software lock;

g) remove, alter or replace any proprietary notices, trademarks, trade names, logos or other designations of origin or attempt to pass off our services as the product of an entity other than AFT;

h) use any automatic program or application to scan, copy, index, classify or exploit the AFT content on this website or any part thereof.

If you register for any AFT feature or use that requires the use of an account and password, you agree that you are responsible for keeping the password and access data confidential and secure. If you know or suspect that the security of your access data has been compromised, please inform us as soon as possible.

Our TourScanner services and TourScanner Platforms are intended for those over the age of 18 and no one under the age of 18 may provide any information to Azores Fabulous Tours. We do not knowingly collect personal information from individuals under the age of 18, and if we become aware that we have collected or received personal information from anyone under the age of 18, we will delete such information in accordance with our privacy policy.

If any element owned by Azores Fabulous Tours is hosted on a third party website (for example, Facebook or any other social network) and there are separate terms and conditions for the use of that third party site, you agree to fully comply with those terms and conditions.

Sharing information with us

We take privacy very seriously and we always operate in accordance with applicable data protection laws. You acknowledge that any personally identifiable information you submit to AFT may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is true and up to date and that you have obtained all necessary permissions, licenses or approvals for us to use such information in accordance with these terms and our privacy policy.

If AFT permits you to post, upload, transmit or otherwise make available any information, images, videos or other data with us or other users, you agree that:

a) you are entirely responsible for the User Content that you upload and represent and agree not to share content for which you do not have the appropriate authorization or right to share and for which you cannot grant the license referred to in the following paragraph;

b) although all intellectual property rights in any User Content are owned by you or your licensors, you represent that you grant AFT a non-exclusive, perpetual, royalty-free, worldwide, transferable, and sublicensable right to use, reproduce electronically or in any other form, display, distribute, modify, adapt, publish, translate, and create derivative works from any User Content (excluding personally identifiable information), including for AFT's advertising and marketing purposes;

c) we are not obligated to store, retain, publish or otherwise make available any User Content uploaded by you and that you are responsible for creating backups of any User Content if necessary.

If you provide us with suggestions, comments, improvements, ideas or other feedback ("Feedback"), you represent that you assign to us ownership of all intellectual property rights in such Feedback and acknowledge that we may use and share such Feedback for any purpose in our sole discretion.

Property of AFT

Unless otherwise defined in these terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or trade names, design rights, database rights, know-how, trade secrets and confidentiality rights in the AFT services are owned by or licensed to AFT.

By using AFT Services, you will not acquire any right, title or interest in or to such Services, except for the limited license to use AFT Services granted under these Terms. You also acknowledge that you have no right to access any aspect of our Services in source code form.

Other people's property

We respect the intellectual property rights of others. If you believe that your copyright is being infringed by any content on the AFT Services, please send us written or email notification of such infringement to the address provided at the end of this document.

Pricing Accuracy and Warranty Disclaimer

While we employ strict "price accuracy" policies and strive to ensure that the content displayed on or through the AFT Services is current and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the Services "as is" and expressly disclaim all warranties and conditions, whether express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and accuracy, as well as any warranties implied by usage of trade, course of dealing, or performance. To the extent permitted by law, we make no representations and do not warrant that our services

(a) are accurate, complete or up to date;

(b) will always be available;

(c) meet your expectations;

Limitations and exclusions of liability

These Terms set out the full scope of AFT's obligations and responsibilities in relation to its services.

AFT assumes no responsibility for any arrangement you make with a third party entity as a result of your use of our services (including, without limitation, travel suppliers, local accommodations and hotels). In the event of any problems with any booking you make or attempt to make through AFT, you acknowledge that you must resolve any issue with the relevant supplier and that your sole remedy in such case, including any refund, shall be agreed with the supplier and not with AFT.

If the AFT Services contain hyperlinks to other sites and resources provided by third parties, these hyperlinks are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for any damage or loss that may arise from your use of them.

You may view advertising material sent by third parties to AFT. Each individual advertiser assumes full responsibility for the content of its advertising material and AFT assumes no liability for the content of the advertising material, including, but not limited to, any errors, omissions or inaccuracies therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, suppliers and third parties) assume no liability for

(a) any inaccuracies or omissions in the content displayed on or through our services or

(b) any act of God, accident, delay, or any special, exemplary, punitive, indirect, incidental or consequential loss or damage (including, without limitation, lost profits or savings), whether based on contract, tort (including negligence) or direct liability, arising out of, as a result of or in connection with your access to, use of or inability to access or use the AFT Services or any content provided.

Nothing in these terms shall limit or exclude

(a) our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation;

(b) any other liability that cannot be excluded by law; or

(c) your legal rights.

Your responsibility to us

Under these terms, you will be liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, resulting from or in connection with your use of our services or your breach of these terms.

Cancellation

AFT may immediately terminate any agreement with you under these terms at any time and upon notice and/or if you hold your data.

General

Regardless of the country from which you accessed or used our services, to the extent permitted by law, these terms and your use of our services are governed by Portuguese law, and you are deemed to submit to the jurisdiction of the court of Ponta Delgada for the resolution of any disputes that may arise.

Contact us

If you would like more information about Azores Fabulous Tours or have suggestions on how to improve our services, please contact us at these addresses:

Raquel Filipa Teixeira Sousa Corrêa

Address:
Avenida Infante Dom Henrique, 16-D (Rosário Lagoa)

E-mail:
geral@azoresfabuloustours.com

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Licença Nº RRAAT-19/2021/RAA

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