Terms & Conditions
TERMS & CONDITIONS
The following terms and conditions are agreed between Akelia Web Services Limited, based in Flat A, 2/F, tai Chi Court 132- 134 Austin road Tsim Sha Tsui, Kowloon, Hong Kong, fiscal identification number 2688384, hereinafter referred to as helloBoat, and any other person, hereinafter referred to as CUSTOMER, intending to purchase their transportation tickets to enjoy a tourist sightseeing tour as described in the website www.helloBoat.com.
[Legal age] The CUSTOMER must declare that it is of legal age (18 years old or older) and legally capacitated to understand and hire the purchase of helloBoat services, in accordance with these Terms and Conditions.
[Offer availability] helloBoat guarantees the existence of the tours published on their website www.helloBoat.com on the day of the consultation and will use all the means at its disposal to ensure the accuracy and integrity of the existing information and assumes no liability if the information provided is not accurate or complete.
[Offer Changes] helloBoat reserves the right to change, suspend or eliminate any of its transport services, and to change their prices without prior notice and without any legal compensation to third parties arising from the implemented changes.
[T&C Changes] helloBoat also reserves the right to change, suspend, add, or delete, in whole or in part, these conditions, and to define new conditions of use, which will take effect after they are published on the website www.helloBoat.com, being the CUSTOMER always subject to the Terms and Conditions in force on the date of purchase. the CUSTOMER can access any changes by reading the "Terms and Conditions".
[Compliance] The Terms and Conditions have been prepared in accordance with the provisions of Decree-Law 7/2004 of 7 January, and amended by Decree-Law 62/2009 of 10 March, on the Decree-Law 143/2001 of 26 April, and amended by Decree-Law 82/2008 of 20 May and other applicable legislation.
- CONCLUSION OF CONTRACT (PURCHASING PROCEDURE)
[Objective] The purpose of this contract is to purchase online of tickets by the CUSTOMER for the service provided by helloBoat, identified on the website www.helloBoat.com, for the prices referred on it at the time of purchase. The contracts are concluded through the website www.helloBoat.com, electronically, in English, Spanish, French, and Portuguese. The contract is concluded online on the website www.helloBoat.com, by phone on +351
917 594 439, or in person with a helloBoat staff member.
[Purchase online] The procedures for the purchase of online tickets are listed on the website www.hellobat.com and the CUSTOMER must follow them until its formalization, which will only be possible after express and unreserved acceptance of the Terms and Conditions, of which he/she becomes aware prior to contracting the services provided by helloBoat.
[Purchase in person] The procedures for the purchase of tickets in person in with a helloBoat staff member are those indicated by an helloBoat operator at the time of purchase and the CUSTOMER must follow them until its formalization, which will only be possible after express and unreserved acceptance of the Terms and Conditions, that will be available for reading at helloBoat ticket point at time of purchase.
[Purchase by phone] The procedures for the purchase of tickets by phone on +351
917 594 439 are those indicated by an helloBoat operator at the time of purchase and the CUSTOMER must follow them until its formalization, which will only be possible after express and unreserved acceptance of the Terms and Conditions, that will be available for reading on the website www.helloBoat.com. The CUSTOMER retains the option to cancel the purchase, in accordance to the deadlines set in the Terms and Conditions.
[Price changes] The prices indicated on the website or by helloBoat operator at time of purchase are in euros, VAT included at the statutory rate in force. helloBoat reserves the right to change, suspend or eliminate any of its transport services, and to change their prices without prior notice and without any legal compensation to third parties arising from the implemented changes. However, the rights deriving from purchases made by the CUSTOMER that occurred in the meantime, shall be preserved.
[Payment info] Online payments or by phone are only available by VISA or Mastercard. The CUSTOMER will have to indicate the necessary data, including card number, expiry date and CVV code, which will be expected by and inserted in the Stripe platform. In-person sales, cash and ATM payments are also accepted. After that, a proof of payment will be automatically sent to the CUSTOMER by email.
[Invoice] After confirming payment, helloBoat will issue a ticket for each transaction, along with a QR code, which will also be automatically sent by email to the CUSTOMER. This ticket can be printed or displayed on your smartphone/tablet, for further validation, as indicated in the preceding paragraphs. If for any reason, the CUSTOMER does not receive the ticket within 1 hour after the payment confirmation, please contact helloBoat by email booking@helloBoat.com. In case of in-person purchase with a helloBoat staff member, the CUSTOMER has the option to receive a paper ticket.
If a customer requires an invoice (with or without VAT), same should be asked online, via the booking form, or via a sales representative, when purchasing the ticket.
[Ticket info] The online purchase generates an individual named ticket valid for 180 days from the date of issue, after which it expires, without in any way entitling the CUSTOMER to any compensation or refund of the price paid.
To access the service purchased through the website, the CUSTOMER must present the ticket for the corresponding transport to the captain or a representative of helloBoat.
Passengers come aboard the boat on a first-come, first-served basis. There is no seating assignment at the time of booking.
The ticket shows the period of validity and may only be used during this period and in the timetables indicated on the website by helloBoat.
For safety reasons, the CLIENT may not purchase more than 15 vouchers per order.
[Ticket changes] Tickets are sold by helloBoat for a specific date and time and the CUSTOMER can only change it by request emailed to booking@helloBoat.com with a minimum of 12 hours prior to start date/time of the tickets. This change will only take effect after confirmation of availability by helloBoat by email.
[Ticket usage] The CUSTOMER is fully responsible for the fate of the tickets, including non-use, loss, theft or destruction and may not, by virtue of those facts, demand any compensation or claim from helloBoat.
2.RULES OF USAGE
[Ticket constraints] Tickets are sold by helloBoat for a specific date and time. If it is not possible for the CUSTOMER to be present in the queue to board in the date and time of the ticket purchased, the customer should approach a representative of helloBoat to agree on a new boarding time.
[Trip changes] Due to events or circumstances beyond helloBoat controle, like weather conditions described as force 3 or above on Beaufort scale, strike from Transtejo company, damage to any of the pontoons, extreme tidal conditions, temporarily protected/sealed off areas by maritime police, helloBoat may have to cancel a scheduled trip at short notice or even during the journey itself. In these cases, helloBoat will make every possible effort to get you a place on the next trip available and if it is not possible or not desired by the CUSTOMER, he/she shall be entitled to a full refund but may not require any other compensation beyond refund.
helloBoat also reserves the right to change the tour as described in the website www.helloBoat.com, replacing it by a similar one in case of any traffic constraints or other restrictions beyond its control.
[Age limits] Infants under the age of 2 are not allowed to take the tour. A child (2-16 years old included) cannot board unaccompanied. To enforce this requirement, each adult or senior may accompany a maximum of 5 children. helloBoat reserves the right to ask for identification to any passenger to confirm that the purchased ticket is in accordance with the passenger’s age.
[Behavior] All instructions and commands given by helloBoat crew members, both upon boarding or aboard the boat, should be heeded and respected in order to ensure appropriate security conditions. helloBoat reserves the right to refuse access to the boat or terminate early a journey if he/she, in the opinion of helloBoat crew, may disturb or endanger the safety of the tour. In these situations, the CUSTOMER will not be entitled any refund.
helloBoat also reserves the right to refuse access to any passenger who, at the time of shipment, cannot access the interior of the vehicle by his own means, due to alcohol/drug abuse. In these situations, the CUSTOMER will not be entitled any refund.
[Equipment] The boat is unable to transport luggage or other bulky items, other than foldable bicycle or baby prams.
[Object left] helloBoat is not responsible for any left/stolen object in the vehicle nor in its premises. However, helloBoat will take every step within his power to ensure that any object found will be kept at a helloBoat docking point or offices for a maximum period of 60 days after the enjoyment of the service.
[End time] helloBoat will take every step within his power to ensure the tours end up at the scheduled time. However, helloBoat assumes no liability for any inconvenience or direct/indirect damage caused to the CUSTOMER by potential delays.
Any request for information, questions or complaints should be done by email to feedback@helloBoat.com.
[Email validity] All communications by the CUSTOMER related to these Terms and Conditions will be sent by email to feedback@helloBoat.com.
Any communication sent to the CUSTOMER will be sent to the email specified by the CUSTOMER at the time of identification. Any changes in the contact e-mail must be reported to helloBoat.
If the CUSTOMER fails to comply with the preceding paragraph, for the purpose of receiving notices, these notices will be deemed to have been validly sent to the e-mail address indicated by the CUSTOMER.
helloBoat shall not be held responsible for any damages which the CUSTOMER or third parties might suffer, which are due to:
[Website performance] - Access to and use, or the inability to and use of the contents on the website www.helloBoat.com or the telephone attendance system;
- Delays, interruptions, errors and suspension of communications and loss of information;
- Damages caused by third parties or by server attacks or to the telephone attendance system, which may affect the quality of its services;
- Deficiencies or weaknesses in the communication network, as well as, caused by computer network, modems, interconnection software, and/or computer virus that may affect the software and/or the user’s equipment, for instance when he or she does not promote the installation of appropriate protection software.
- Capture failures, visualization or use of the website;
- Unauthorized use;
[Force majeure] - Reasons of force majeure, namely, any unforeseeable and irresistible cases, or, just inevitable such as: strikes or labour disputes that impede or obstruct the supply of the products traded on this website, accidents, fires, floods, wars, trade embargoes, or, any kind of legal amendments.
- The CUSTOMER is responsible for his or her personal data and updating thereof, and he or she shall ensure its confidentiality.
[Fraudulent use] - In case of misuse or fraudulent use of the website www.helloBoat.com or its telephone attendance system, and independently of the applicable legal procedure, helloBoat reserves the right to eliminate the CUSTOMER’s registration and cancel his/her right of enjoyment of the purchased service.
6.APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Law of Portugal.The court of the district of Lisbon shall have jurisdiction in any dispute relating to this contract, with express waiver of any other jurisdiction.