These Terms and Conditions determine the rules for the use of the WaterFlow Explore website and services, and establish the contractual relationships between all users of the website and ENI Daniela Cristina Quaresma Medeira – Rental of Recreational and Sports Goods, with Tax Identification Number 219746397 and with address at Rua Infante D. Henrique Nº 76, Ferragudo.

WaterFlow Explore is National Brand No. 654558 registered by the National Institute of Industrial Property, at the request of holder Daniela Cristina Quaresma Medeira.

The Terms and Conditions described here are the only ones applicable to the WaterFlow Explore website and services, unless there is a prior written agreement by ENI Daniela Cristina Quaresma Medeira – Rental of Recreational and Sports Goods.

This website is managed by WaterFlow Explore. Throughout the website, the terms “we”, “us” and “our” refer to WaterFlow Explore. WaterFlow Explore makes this website available, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated herein.

When visiting our website, booking and/or buying any product on our website, you are using our “Services”. Consequently, you agree to the following Terms and Conditions and the Privacy Policy. These Terms and Conditions apply to all users of the website, including, without limitation, users who are browsers, suppliers, customers, or affiliates. You also confirm that you are over 18 years of age or that you have given your consent to allow any of your underage dependents to use this website.

You must not use our website, services or products for any illegal or unauthorized purpose. You also cannot, when using this website, violate any laws (including, but not limited to, copyright laws).

You must not transmit any viruses or any code of a destructive nature.

Violating any of the Terms and Conditions results in immediate termination of any interaction or use of our services.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to the Terms of Service. If you do not agree with all the Terms and Conditions, you should not access the website or use any services.

Any new features or tools that are added to the current website are also subject to these Terms and Conditions. You can consult the updated version of the Terms and Conditions at any time on this page. We reserve the right to update, change or exchange any part of these Terms and Conditions when posting updates and / or changes on our website. It is your responsibility to check the changes made on this page periodically. Continued use or access to the website after the posting of any changes constitutes acceptance of such changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), can be transferred without encryption and can: (a) be transmitted over several networks; and (b) undergo changes to adapt and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferring between networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.

The titles used in this agreement are included for convenience only and do not limit or affect the Terms.

RESERVATIONS

WaterFlow Explore sports equipment can be rented through the website www.waterflow.pt, through the social networks of WaterFlow Explore or directly by telephone.

The customer declares to accept that in certain circumstances, namely simultaneous order from several customers exceeding the number of materials available at the time in question, Waterflow Explore may not be in a position to make the reserved material available. All reservations are subject to availability confirmation, which must be confirmed in an advance reservation. If the reserved material is not available, Waterflow Explore may suggest an alternative date, or a full refund through the same means in which the payment was made.

PROOF OF RESERVATION

After making your reservation on our website, through social networks or by phone, you will receive a confirmation email with the details of the reservation and the respective receipt. If you need an invoice with a Tax Identification Number, you must contact us after making the reservation. The invoice will be delivered upon delivery of the equipment or by e-mail.

RENTAL PRICES

The price list is available on the website www.waterflow.pt and is subject to change in the terms contained in these Terms and Conditions. The prices indicated include VAT at the legal rate in force. If, for any reason, there is a computer error that occurs during online payment, if the amount paid is higher than the amount stipulated in the table, Waterflow Explore will refund the difference. If the customer pays less than the amount stipulated in the table, the customer will have to pay the difference of the rental value in cash or MBway, upon signing the Liability Term.

PAYMENT METHODS

WaterFlow Explore accepts electronic payments through the website, such as debit / credit cards, PayPal or digital currencies (Bitcoin, Bitcoin Cash, Ethereum and Litecoin). Face-to-face payments can be made in cash or by MB WAY.

Electronic payments are encrypted with SSL.

You can also pay with cash or MBway when the equipment is delivered, in case of:

• Book through telephone contact;
• Book through email;
• Book through WaterFlow Explore social networks;
• Book through the website and select the option to pay in cash or MBway.

In these cases, payment must be made in cash or by MBway, when signing the Liability Term.

DELIVERY AND COLLECTION OF MATERIAL TO THE CUSTOMER

All rentals include delivery and free collection of equipment at the location designated by the customer, provided that within the municipalities of Portimão, Lagoa and Silves.

These counties include: Portimão, Mexilhoeira Grande, Alvor, Praia da Rocha, Ferragudo, Parchal, Carvoeiro, Benagil, Lagoa, Silves, Armação de Pêra, Silves, Odelouca, among others.

The delivery time must be agreed with the customer, at least one day before the first rental day, and must be between 7 am and 10 am. Upon delivery of the equipment, the customer must complete and sign the Liability Term that will be made available to him.

The pick-up time can be agreed with the customer during the last rental day, and must not exceed 20h.

EQUIPMENT DELIVERY TO CUSTOMER

The customer receives the material in good condition by Waterflow Explore, at the place and time agreed with the customer.

The change of delivery location must be requested to WaterFlow Explore, as early as possible and always needs confirmation by WaterFlow Explore.

COLLECTION OF EQUIPMENT TO THE CUSTOMER

The customer must deliver the material at the end of the booking period determined in the rental agreement. The material must be delivered in good condition as delivered to the customer by WaterFlow Explore, at the place and time agreed with the customer.

Changing the collection location must be requested to WaterFlow Explore as early as possible and always needs confirmation by WaterFlow Explore.

MINIMUM AND MAXIMUM RENTAL PERIOD

On our website, the minimum rental period is 1 day. However, if you want to rent equipment for half a day, you can contact us and we will check if there is availability.

MINIMUM AND MAXIMUM ADVANCE TO BOOK

You can book at least 10 hours in advance of the booking period and less than 12 months in advance.

Reservations made more than 12 months in advance will not be accepted. Please contact us directly.

Reservations made less than 10 am in advance will not be accepted. Please contact us directly.

EXTENSION OF THE RENTAL PERIOD

The rental period can be extended, however it will have to be confirmed by WaterFlow Explore before the end of the current contract, subject to confirmation of availability of the equipment in the required period. WaterFlow Explore may refuse this extension in the event of unavailability.

For the desired extension of the rental contract, the customer has the obligation to contact WaterFlow Explore by email or telephone contact. The payment for the rental extension is cash or MBway.

EQUIPMENT COLLECTION BEFORE THE END OF THE RESERVATION PERIOD

When the customer returns the equipment before the end of the scheduled booking period, no amount will be refunded for unused time.

CANCELLATION

Cancellation of reservations up to 48 hours before the start of the rental is free of charge. For cancellations less than 48 hours in advance, 100% of the reservation amount will be charged.

DELAYS OR NO COMPARISON AT THE PLACE OF DELIVERY OF THE EQUIPMENT TO THE CUSTOMER

Equipment delivery delays should be reported to WaterFlow Explore as soon as possible. If the delay is longer than 20 minutes, WaterFlow Explore will contact the customer, for the telephone contact used in the reservation. If the customer does not report the delay, the reservation will be canceled without refund.

When making a reservation at WaterFlow Explore, I understand and agree that a no-show at the designated place for delivery of the material (more than 20 minutes late):

• it will not be justified and the total amount of the reservation will be charged.
• in the event that payment has not yet been made (payment in cash or MBway upon delivery), an email and SMS will be sent with the data for payment of the entire reservation, which the customer must settle within 48 hours. If the amount is not paid, a criminal complaint will be filed against the client.

DELAYS OR NO COMPARISON AT THE PLACE OF COLLECTION OF THE EQUIPMENT TO THE CUSTOMER

Delays in collecting equipment should be reported to WaterFlow Explore as soon as possible.

Except in the event of damage not attributable to the customer, accident, theft, theft, fire or other cause of a greater nature, when 1 hour has passed after the estimated time for returning the bicycle, a penalty of € 5 will have to be paid. (Five euros) for every 1 hour of delay, a penalty that will be billed to the customer a posteriori. After 4h of the non-return of the rented material, there will be a criminal complaint against the client for the practice of theft.

DAMAGE, LOSS OR THEFT OF RENTED EQUIPMENT

We value the simplicity of our rental system and believe in the goodwill of our customers regarding equipment usage and responsibility. In this regard, there is no deposit required. However, in the event of damage, theft, or loss of equipment, the customer must take responsibility. 

Process:

In the event of damage / theft / loss of any equipment, the customer must immediately contact WaterFlow Explore in order to speed up or mitigate the situation.

In the event of damage, the customer will be held responsible for the damage and will be subject to payment for the equipment.

In the event of theft, WaterFlow Explore will contact the authorities in an attempt to recover the equipment. The client must always collaborate with the authority in order to facilitate the process. In case it is not recovered, the customer will be held responsible and will be subject to the payment of the equipment.

In the event of loss, the customer will be liable for the lost equipment and will be subject to payment for the equipment.

The equipment values are on the Liability Term signed by the client.

DEPOSIT AND IDENTIFICATION DOCUMENT

There is no deposit for the rental of the equipment, however the customer must complete and sign the Liability Term that will be made available when the equipment is delivered.

WaterFlow Explore reserves the right to retain the customer’s identification document data until the equipment is inspected. In the event of any discrepancy or damage to the equipment, the customer will be contacted and responsible for the full payment for the damaged equipment.

RENTALS FOR MINORS OF AGE

Minors can book WaterFlow Explore equipment. However, when the equipment is delivered, a responsible person must be present, of legal age, with a valid identification document and must sign the Liability Term for the equipment rented by the minor. The representative will be held responsible for any and all occurrences during the rental period.

SAFETY EQUIPMENT

WaterFlow Explore makes available to its customers, free of charge, buoyancy aids when renting the Stand Up Paddle board, snorkeling equipment and helmets when renting bicycles and skateboards. Use is the responsibility of the customer. WaterFlow Explore declines any type of responsibility for any accident that occurs due to the non-use of safety equipment.

INSURANCE

Yes, all rentals include insurance for the user. The equipment is not covered by insurance, applying the clause DAMAGE, LOSS OR THEFT OF RENTED EQUIPMENT above. The insurance can be activated whenever necessary, provided that all rules and requirements have been met during the rental period.

RISKS AND RESPONSIBILITY

The customer undertakes to use the material properly. It is responsible for any damage due to negligence. Competition or similar use is prohibited. The losses due to an accident, loss, theft or inappropriate use of the material are the responsibility of the customer who will have to bear the costs, and must compensate WaterFlow Explore in the amount that becomes necessary for its total recovery. All other WaterFlow Explore interventions will be invoiced to the customer for an incident (for example: intervention or displacement of the entity when the material is not delivered in the agreed place, forgotten or lost.)

The deterioration, loss, theft and / or theft is not a reason for suspension and / or termination of the contract at the initiative of the customer, and the rental will continue to be billed according to the conditions initially contracted.

The client assumes to be aware of and recognize the risks inherent in the practice of the modality of the rented material and to be able to practice the same, having no contraindication that would impede this practice. It is the customer’s entire responsibility for any consequences inherent to the practice, being entirely responsible for any and all damage caused to the material, himself and third parties, exempting WaterFlow Explore from any responsibility.

By signing the rental agreement, the customer confirms that he knows the risks that are inherent to the use of the material in question.

The customer may, at his own risk and expense, use or not the guide with the routes / activities suggested by WaterFlow Explore, but the company declines any responsibility for any accident that occurs during the use of the guides.

CIVIL RESPONSIBILITY

Any and all damage, loss, theft or degradation of the material and its accessories will be the responsibility of the customer from the moment he receives the material until the moment of its return. In addition, the customer is liable for all fines or fines for violation of the legislation in force. It is expressly accepted by the customer that WaterFlow Explore communicates to the competent authorities the identity of the customer, if the customer has not already done so and if there is a suspicion that he has committed an infraction.

TERMINATION, INTEGRITY AND UPDATE OF INFORMATION

We are not responsible for information made available on this website that is not accurate, complete or current. The material on this website is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting sources of primary information, more accurate, more complete or more current. Any use of the material on this website is at your own risk.

This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

MODIFICATIONS OF THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We are not responsible to any third party for any modification, price change, suspension or discontinuation of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.

We made every possible effort in the most accurate way in the colors and images of our products that appear on our website. We cannot guarantee that the display of any color on your screen will be accurate.

We reserve the right, but are not required to limit sales of our products or Services to any person, geographic region or jurisdiction. We can exercise this right as the case may be. We reserve the right to limit the quantities of any products or services we offer. All product / service descriptions or product / service prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer made for any product or service on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

TERMINATION OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, at our own discretion, limit or cancel the number of reservations per person, per household or per request. Such restrictions may include orders placed on the same customer account, on the same credit card, and / or orders that use the same invoice and / or shipping address. If we make changes or cancel an order, we may notify you by email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

OPTIONAL TOOLS

We can give you access to third-party tools that we do not monitor and have no control over.

You acknowledge and agree that we provide access to such tools “as is” and “subject to availability” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third party tools.

The use of any optional tools offered through our website is entirely at your own risk and you should familiarize yourself with and approve the terms of the tools that are provided by third party supplier (s).

THIRD PARTY LINKS

Certain products, content and services available through our website may include materials from third parties.

Third party links on this website may direct you to third party websites that are not affiliated. We are not responsible for examining or evaluating the content or accuracy. We do not guarantee and have no obligation or responsibility for any third party materials or websites, or for any other third party materials, products or services.

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully evaluate third party policies and practices and make sure you agree before making any transactions. Complaints, complaints, concerns or questions regarding third party products should be directed to the third party.

COMMENTS, FEEDBACK, ETC. USER’S

If, at our request, we send certain specific items (for example, participation in a contest), or without our request, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail , or otherwise (collectively called ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you submit to us. We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) respond to any comments.

We may, but are under no obligation, to monitor, edit or remove content that we determine in our sole discretion to be against the law, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or that violates the intellectual property of others or these Terms and conditions.

You agree that your comments do not violate any third party rights, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You agree that your comments will not contain defamatory, illegal, abusive or obscene material. They will also not contain any viruses or other malware that could affect the operation of the Service or any related website. You may not use a fake email address, pretend to be someone other than yourself, or otherwise mislead WaterFlow Explore or third parties as to the source of any comments. The user is solely responsible for any comments and their accuracy. We assume no responsibility or liability for any comments posted by any user of our Services.

PERSONAL INFORMATION

The sending of your personal information through our website is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product / service descriptions, prices, promotions, offers, product shipping rates, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (even after you have purchased your product / service).

PROHIBITED USES

In addition to other prohibitions, as set out in these Terms and Conditions, you are prohibited from using the website or the content for: (a) unlawful purposes; (b) requesting other people to perform or participate in any unlawful acts; (c) violate any regulations, rules, laws or regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) presenting false or misleading information; (g) send or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track other people’s personal information; (i) to send spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or justify that your use of our service will be timely, safe, without errors or interruptions.

We do not guarantee that the results that can be obtained by using the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods of time or cancel at any time without notice.

You agree that your use or inability to use the service is at your own risk. The website and all products and services delivered through the website are, except as stated by us, provided without warranty and subject to availability for your use, without any representation, warranty or conditions of any kind, express or implied, including all warranties implied or commercial conditions, quantity, suitability for a specific purpose, durability, title, and non-infringement.

Under no circumstances will WaterFlow Explore, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential loss, loss, claim or damage of any such as, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or any products purchased using the website, or for any other claims related in any way to your use of the website or any product / service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind as a result of using the website. You understand and agree that any challenge regarding privacy is subject to the Terms and Conditions, including, but not limited to, the damage limitations and mandatory conflict mediation. You agree that our liability for any breach of these Terms and Conditions is limited to a total of € 100 (one hundred euros) but only to the extent that such an argument is not otherwise excluded by the agreement. Some jurisdictions do not allow limited liability or exclusion of implied warranties, if these laws apply to you, some or all of the above exemptions, exclusions or limitations may not apply to you, and you may have additional rights.

INDEMNITY

You agree to indemnify, defend and exempt WaterFlow Explore and our affiliates, partners, employees, directors, agents, contractors, service providers, subcontractors, suppliers and interns from any claim or demand, including attorney’s fees, by any third party due to breach of these Terms and Conditions or the documents they incorporate by reference, or breach of any law or the rights of a third party.

INDEPENDENCE

In the event that any provision of these Terms and Conditions is found to be illegal, void or ineffective, such provision must, however, apply to the maximum extent permitted by applicable law, and the unenforceable portion will be considered separate from these Terms and Conditions. Such determination does not affect the validity and applicability of any other remaining provisions.

INTEGRAL AGREEMENT

These terms govern your use of the Service, replacing any prior or contemporary agreements, communications and proposals, whether verbal or written, between you and WaterFlow Explore (including, but not limited to, any previous versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions must not be interpreted against the party who drafted them.

APPLICABLE LEGISLATION, DISPUTES AND RESPONSIBILITIES

For the resolution of any and all disputes arising from the interpretation or enforcement of these Terms and Conditions, the Court of Portimão or the Court of Faro will be competent.

WaterFlow Explore is not responsible for delays or breaches of contract for reasons of force majeure: disturbance, total or partial strike, postal services and means of transport or communication, flood, fire or war.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our discretion, to update, modify or replace any part of these Terms and Conditions when posting updates and changes on our website. Your continued use of or access to our website or the Service after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us via email info@waterflow.pt.