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TERMS AND CONDITIONS FOR COOLTOURIA SERVICES

1. Overview and Definitions

Cooltouria (hereinafter referred to as “Cooltouria,” “we,” “us,” or “our”) operates a platform accessible at Cooltouria.com (“Website”). This platform connects individuals or entities seeking travel experiences (“Users”) with third-party suppliers and providers of travel services (“Partners,” “Suppliers,” or “Providers”). Cooltouria itself is not a travel operator but acts as an intermediary to facilitate bookings between Users and Partners. By using any functionality of the Website, you agree to abide by these Terms and Conditions.

2. Acceptance of Terms

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read and agreed to these Terms and Conditions in full. If you do not agree with any provision contained herein, you are not authorized to use Cooltouria’s services.

3. User Registration and Account Rules

To access certain services, Users must create and maintain a personal account. Each User is responsible for securing their login credentials, preventing unauthorized use, and ensuring that all information provided is accurate. Cooltouria reserves the right to suspend or terminate any account that violates these Terms and Conditions or is found to contain false or misleading information.

4. Partner Responsibilities

Partners must uphold high standards of professionalism and integrity. This includes, but is not limited to:

  • Providing accurate, honest descriptions of the offered services.
  • Respecting planned schedules and conducting tours or activities at the agreed-upon times.
  • Delivering services in accordance with each product description.
  • Treating all Users with respect and avoiding any actions that may be deemed irresponsible or unlawful.

Failure by a Partner to meet these responsibilities may result in warnings, temporary suspensions, or permanent bans, in addition to other remedies detailed in these Terms and Conditions.

5. Customer Cancellation Policy

Users may cancel their bookings up to 24 hours before the scheduled start of any tour, unless otherwise specified by the relevant Partner’s terms. Cancellations occurring less than 24 hours before the start time are ineligible for a refund. To cancel a booking, Users must notify both the Partner and Cooltouria through an approved communication method (e.g., Website messaging or email). Once a valid cancellation request is received, refunds (where applicable) will be processed within seven (7) working days through the original payment method.

6. Prohibited Activities on the Platform

Users and Partners must refrain from:

  • Unauthorized commercial use of the Website and its content.
  • Automated methods of content access or copying.
  • Fraudulent, threatening, or discriminatory practices.
  • Disseminating spam, explicit, or offensive content.
  • Violating any applicable legal provisions or the rights of third parties.

Violation of these rules may result in immediate account suspension or termination and potential legal liability.

7. User-Generated Content

The platform may allow Users to post reviews, comments, photos, or other materials. By posting such content, Users grant Cooltouria a non-exclusive right to use, display, distribute, and adapt that content for promotional or other legitimate business purposes. Users are solely responsible for ensuring that their contributions do not infringe any applicable laws or third-party rights. Cooltouria reserves the right to remove or edit any content deemed inappropriate.

8. Third-Party Websites and Links

Cooltouria may provide links to external websites, but we do not control, endorse, or guarantee their content, products, or security. Users accessing these sites should exercise caution and assume full responsibility for any associated risks.

9. Intellectual Property

All content, software, graphics, logos, and designs on Cooltouria (excluding third-party materials) are the property of Insightours, Lda. Users may not reproduce or redistribute this content without prior written authorization. Use of the Website or its contents for unauthorized commercial gain is strictly prohibited.

10. Products and Bookings

Cooltouria functions exclusively as an intermediary connecting Users with Partners. Any engagement or contract for tours, tickets, or related services arises directly between the User and the Partner. Cooltouria is not deemed a party to these contracts and bears no direct responsibility for the eventual performance, quality, or safety of the services provided.

11. Use of Services

By using Cooltouria’s platform, each User warrants they are at least 18 years old and will provide accurate, truthful information as needed. Fraudulent activities, such as creating multiple accounts or making speculative or false bookings, are strictly prohibited.

12. Limitations of Liability

Cooltouria conducts audits of its Partners to verify quality and legal compliance but is not liable for any accidents, service failures, losses, or incidents (including force majeure events) that may occur through third-party service providers. Partners are solely responsible for meeting the legal requirements relevant to their activities. Should disputes or claims related to a Partner’s services arise, Users agree to resolve them directly with the Partner, releasing Cooltouria from all related liability.

13. Indemnification

Users and Partners agree to defend, indemnify, and hold Cooltouria harmless from any claims, demands, actions, losses, or damages (including legal fees) arising out of or relating to their breach of these Terms and Conditions, misuse of the platform, or infringement of any rights of a third party.

14. Partner Cancellation Policy

Should a Partner need to cancel a scheduled service, the Partner will be charged a 20% cancellation fee on the full booking price. In cases of emergencies or force majeure events, Partners must notify both the User and Cooltouria immediately, providing a valid explanation for the cancellation.

15. Electronic Communications

When using Cooltouria’s Website or sending emails or messages, Users and Partners agree to receive electronic communications from Cooltouria, including notifications, confirmations, and other updates. They may opt out of promotional communications; however, essential notifications regarding account management and booking details will remain active.

16. Compliance with European Union Law

Cooltouria endeavors to maintain compliance with all relevant European Union regulations, including data protection (GDPR).  Any personal data collected will be handled in accordance with all applicable data protection laws and regulations.  All Users and Partners must similarly ensure they comply with relevant EU directives, particularly regarding consumer protection and fair commercial practices.

17. Additional Legal Information

Cooltouria is operated by Insightours, Lda and functions solely as an intermediary. Users acknowledge and accept that any legal engagement with Partners is independent of Cooltouria. Disputes arising between a User and a Partner do not involve Cooltouria, though we may voluntarily facilitate communication to aid in a potential resolution.

Cooltouria is operated by Insightours, Lda. Cooltouria is also a registered brand owned by Insightours, Lda and functions solely as an intermediary. Users acknowledge and accept that any legal engagement with Partners is independent of Cooltouria.

18. Changes to the Terms and Conditions

Cooltouria reserves the right to modify or update these Terms and Conditions at any time, at its sole discretion. Any significant modifications will be communicated through the Website or via email. Continued use of the platform after any such amendments shall signify acceptance of the revised terms.

19. Governing Law and Jurisdiction

These Terms and Conditions are governed by Portuguese law. Any disputes arising from or related to the use of Cooltouria’s services shall be subject to the exclusive jurisdiction of the competent courts of Portugal. By using the platform, Users and Partners expressly consent to the courts of Portugal exercising such jurisdiction. In the event of a consumer dispute, the consumer may resort to an Alternative Dispute Resolution entity (RAL). More information is available at Web Platform of Direção-Geral do Consumidor.

20. Pricing (Partners’ Conditions)

A. Free Tours

  • Effective Date: The attendance fee for free tours or events is effective from the date of signing this Agreement.
  • Pricing Until 30 September 2025: The attendance fee is €1 per attendee.
  • Pricing From 1 October 2025 Onward: The attendance fee is €2 per attendee until otherwise updated.
  • Monthly Invoices and Payment Due Date: Cooltouria issues monthly invoices detailing the total number of attendees and the applicable rate, with payment due within 30 days.
  • Credit Card Authorization: By providing credit card details, the Partner authorizes Cooltouria to withdraw the required amount each month in accordance with this Agreement. Partners must ensure that the provided credit card has sufficient funds to cover each payment.
  • Security and Confidentiality: Cooltouria employs industry-standard security measures to protect credit card information, using it solely for the stated payment purposes.

B. Attendee Credits for Free Tours

  • Initial Credit: Each Partner starts with a credit of 20 attendees.
  • Post-Credit Charges: Once the initial 20-attendee credit is used, the Partner will be billed for those 20 attendees, and subsequently charged in increments of 100 attendee credits whenever the balance reaches zero.
  • Monthly Invoicing: If the account does not reach zero credits within a month, the Partner may still be charged proportionately for the credits used.
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C. Paid Tours, Services, or Products

  • Effective Date: The pricing arrangement is effective upon acceptance of this Agreement.
  • Charge Rate: A 23% fee of the published product price is levied on each booking made through Cooltouria. For each reservation, an additional charge of €0.30 applies.
  • Holding Period: Cooltouria holds all payments from Users until the 10th working day of each month to confirm that transactions are concluded correctly.
  • Payment Release: On the 7th day of each month or the next business day if the 10th day is a weekend or public holiday, Cooltouria releases payment to the Partner (minus fees or deductions).
  • Payment Method: Transfers to the Partner occur via the agreed payment method (e.g., bank transfer). All necessary details must be provided by the Partner.
  • Deductions: Any fees or other deductions are subtracted prior to release, detailed in the Cooltouria platform’s general terms.

21. Partner Conduct Guidelines and Potential Penalties

Partners must demonstrate punctuality, deliver the promised services, and maintain a professional demeanor. Recurrent or grave violations may result in warnings, suspensions, refunds to the User, or permanent bans on the Partner’s use of the platform. In cases of severe misconduct, Cooltouria reserves the right to retain up to 100% of the total booking amount as a refund to the User.

22. Unauthorized reselling

Partners shall not engage, directly or indirectly, with any third parties acting as resellers, online travel agencies, unlicensed guides, or other intermediaries who are not officially registered with Cooltouria. Under no circumstances may tours, services, or bookings facilitated through Cooltouria be resold or otherwise transferred to intermediaries lacking a valid agreement or formal authorization from Cooltouria. Any breach of this provision constitutes a serious violation of these Terms and Conditions and may result in immediate account suspension, permanent termination of the Partner’s use of the platform, or any other legal remedy deemed appropriate by Cooltouria.

23. Dispute Resolution

Cooltouria endeavors to facilitate amicable resolution if conflicts arise between a User and a Partner. During such a process, Partners must cooperate fully with any investigation, communication, or mediation efforts initiated by Cooltouria. However, Users and Partners remain free to seek legal redress through Portuguese courts, as set out in Clause 15 above.

24. Final Provision

These Terms and Conditions constitute the entire agreement between you and Cooltouria concerning the subject matter herein. If any provision is held invalid by a Portuguese court of competent jurisdiction, the remaining provisions shall remain in full effect and enforceable. By registering for, accessing, or using Cooltouria’s services, you confirm your full understanding and acceptance of all obligations, restrictions, and rights granted under these Terms and Conditions, which comply with the applicable Portuguese and European Union legal framework.

Cooltouria is operated by Insightours, Lda, NIF 517979594, with registered office at UPTEC – Parque de Ciência e Tecnologia da Universidade do Porto, Rua Alfredo Allen 455, Portugal, telefone: +351927595463, email: geral@cooltouria.com