Litoral Secreto Terms and Conditions

Litoral Secreto Terms and Conditions * LITORAL SECRETO - UNIPESSOAL LDA, registered with Turismo de Portugal (RNAAT No. 201/2026). * NIF: 519024478. * Address: Rua João Vaz Corte Real 106, 8800-351 Tavira, Portugal. * Contact email: litotalsecretotavira@gmail.com. LITORAL SECRETO - UNIPESSOAL LDA, is a small, socially and environmentally responsible company dedicated to offering kayak and stand-up paddleboard rentals that allow customers to explore the Gilão and Séqua rivers and the Ria Formosa. With a fleet of two double kayaks, three single kayaks, and two SUPs, the Company aims to provide a personalized and intimate experience. These Terms and Conditions govern all online bookings, rentals, related services, and use of equipment provided by LITORAL SECRETO - UNIPESSOAL LDA. By making a reservation, completing an online payment, or using any equipment supplied by the Company, the Customer confirms that they have read, understood, and accepted these Terms and Conditions. 1. Scope and Definitions For the purposes of these Terms and Conditions, “Company” means LITORAL SECRETO - UNIPESSOAL LDA; “Customer” means the person making the booking and any participant using the rented equipment; “Equipment” includes kayaks, paddles, life vests, dry bags, seats, cords, and related accessories; and “Rental Period” means the agreed rental duration of either 2 hours or 4 hours, from handover of the Equipment until its return and inspection by the Company. Unless otherwise stated at the time of booking, the rental price includes the following standard equipment for each booking: one stable sit-on-top kayak or SUP, paddle, life vest, and cord. These Terms and Conditions apply to all online bookings and rental arrangements made with the Company unless expressly agreed otherwise in writing. 2. Booking, Prices, and Payment All bookings are subject to availability and are only confirmed once the Company has accepted the reservation and full online payment has been successfully received. The Company reserves the right to refuse a booking where safety, operational, legal, or capacity reasons require it. The Company offers kayak rentals for fixed periods of 2 hours or 4 hours, subject to availability, weather conditions, and operational constraints. The selected rental period will be confirmed at the time of booking and will determine the agreed return time for the Equipment. All prices are stated in euros and, unless otherwise stated, include any taxes that are legally required to be included in the advertised price. Optional extras, additional services, or special requests may be charged separately. The Company accepts online payment only. Full payment must be completed through the online booking and payment system before the rental begins. If payment is not successfully completed, the booking will not be confirmed and the requested time slot may be released. The Customer is responsible for ensuring that the payment details provided are valid and that sufficient funds are available. The Company uses Stripe as its payment service provider. Payment card details are processed through Stripe’s secure payment infrastructure and are not stored directly by the Company, except to the extent necessary for transaction records, fraud prevention, legal compliance, customer support, or accounting purposes. By making an online payment, the Customer also accepts the terms and privacy practices applicable to the payment provider used for that transaction. If an invoice is required, the Customer should request it and provide the necessary billing details, including full name, registered address, and tax identification information where applicable, within 24 hours after the booking whenever possible. The Company may process personal and billing data for reservation management, payment reconciliation, fraud prevention, legal compliance, accounting, and customer support, in accordance with applicable data protection law. 3. Participant Eligibility and Minors Customers and participants must be physically capable of taking part in a kayak or stand-up paddleboard activity and must follow all safety instructions given by the Company, including the safety instructions available on the Company website. All participants must be able to swim and remain calm in open-water conditions. The Company may refuse participation to any person who appears unable to use the Equipment safely or who appears to be under the influence of alcohol, drugs, or any other substance that may impair judgment, coordination, or reaction time. Only children aged 5 years and above are permitted to participate. Children and minors must at all times be accompanied and supervised by a parent, legal guardian, or other responsible adult. The adult making the booking for a minor confirms that they are legally authorized to do so and accepts responsibility for the minor’s conduct, safety, and compliance with these Terms and Conditions. The Company may set and enforce minimum age, height, weight, or experience requirements depending on the route, weather and water conditions, type of Equipment, and applicable safety considerations. Participants must also comply with the maximum weight and occupancy limits applicable to the specific kayak or stand-up paddleboard assigned to them, as described in the fleet reference section of these Terms and Conditions. 4. Health, Medical, and Fitness Disclosures The Customer must inform the Company before the rental starts of any medical condition, injury, disability, pregnancy, allergy, panic condition, recent surgery, or any other circumstance that could affect the safe participation of any member of the group. This includes any condition that may impair balance, strength, mobility, awareness, or ability to self-rescue. The Company may, at its discretion, refuse or limit participation if it reasonably considers that participation would create a safety risk for the Customer, other participants, staff, third parties, or the natural environment. The Customer remains responsible for seeking independent medical advice before taking part if there is any doubt regarding fitness for kayaking or related water activities. 5. Safety Rules and Customer Obligations Please arrive at the launch site 10 minutes before your booking time. This gives the Company time to fit safety gear, review the kayak or SUP equipment, and explain the tide, wind, and river conditions of the day. Customers must follow all pre-launch instructions and be ready to embark at the booked time. The launch area is protected and there is no pier. Embarkation takes place from the natural bank with minimal infrastructure in order to safeguard habitat and water quality. The lower the tide, the more challenging and muddy access may be. The Company will assist Customers to board the kayaks safely, launch into the journey, and return safely to shore at the end of the rental. Customers should wear suitable footwear and clothing for wet, outdoor conditions and should prepare for mud, sun, insects, and exposure to the elements. Personal items should be kept secure and protected from water. The Company is not responsible for loss of or damage to personal belongings brought to the launch site or onto the water. On the water, Customers must wear their life vest at all times. They must navigate carefully, generally following right-side navigation similar to road traffic rules, except where specific downstream rules apply. Customers must keep a moderate speed, leave clear space around other paddlers, craft, and wildlife, anticipate the movements of others, avoid abrupt turns in narrow areas, and yield rather than force passage. Customers must not climb onto bridges, moorings, or private structures from the water. They must respect wildlife and fragile river margins, must not throw garbage, and should carry a garbage collection bag. Shallows, reeds, and the shoreline must be treated with care, as these areas form part of the ecological fabric of the river environment. If someone falls into the water, Customers must remain calm and stay with the kayak or SUP. They should bring the kayak or SUP toward the nearest safe shoreline and re-enter it where possible. If assistance is needed, the Customer must call the emergency number indicated on the kayak or SUP and wait for staff guidance. Passage beneath the Ponte Romana and the Ponte das Forças Armadas, and therefore access to the Ria Formosa, depends on tide height and timing. At lower tides, shallow rocks obstruct the passage and access is not possible. The access window is narrow and varies daily. For each tide cycle, the Company calculates access time and provides a strict time window during which downstream access is possible. That window also takes into account the time required for Customers to return to the launch area, which may be physically demanding when currents are strong. For the downstream stretch between Ponte Romana and Ponte dos Descobrimentos, Customers must keep to the left side of the river when going down and to the right side when coming up. This is a ferry and motor-boat navigation area requiring a high level of alertness and diligence. Immediately after the last bridge, Customers must cross to the right when going down. When coming up, Customers must keep right all the way. Customers must stay in line and not side by side, move in single file with clear spacing between kayaks, not stop in that stretch, and keep voices low. The Company’s provide detailed information on its website to keep activities calm, clear, and well paced. From equipment fitting and briefings to tide checks and bridge timing downstream, each step is guided by local experience on this river. Following that guidance is a condition of rental and helps keep the flow smooth and safe for everyone. The Customer must immediately report any accident, capsize, injury, loss, delay, inability to return to the launch area, equipment defect, or need for assistance to the Company as soon as reasonably possible and must follow all guidance provided by staff. 6. Weather, Sea Conditions, and Operational Changes Kayak rental activities are dependent on weather, sea state, tides, currents, visibility, and other operational and safety factors. The Company may delay, modify, shorten, relocate, suspend, or cancel a rental at any time where it reasonably considers this necessary for safety, environmental protection, legal compliance, or operational reasons. If the Company cancels a booking before the rental begins due to unsafe or unsuitable conditions, the Customer will be offered either an alternative date or a refund of the amount paid for the affected booking, unless a different solution is agreed. The Company is not responsible for indirect costs or consequential losses such as transport, accommodation, loss of holiday time, or other third-party expenses. If conditions change after the rental has started, the Company may require immediate return to shore, route changes, or early termination of the rental. In such cases, any refund or credit will be at the Company’s discretion, taking into account the portion of the service already delivered and the reason for the interruption. 7. Customer Cancellations, Changes, and No-Shows Any request to cancel or change a booking should be made as early as possible and in writing by email. Requests to change the date or time of a booking remain subject to availability and are not guaranteed. Cancellations made more than 24 hours before the scheduled start time are free of charge and may be refunded in full. Cancellations made 24 hours or less before the scheduled start time are non-refundable. Late arrivals and no-shows are also non-refundable. If a Customer arrives late and the rental cannot start on time, the Company may shorten the rental period or treat the booking as a no-show where operational schedules or safety constraints make continuation impractical. No refund is due for voluntary early return of Equipment, refusal to follow instructions, or exclusion from the activity due to safety concerns, misconduct, intoxication, or undisclosed medical or fitness issues. 8. Equipment Handover, Care, Loss, and Damage The Equipment is deemed to be accepted in good condition at the start of the rental unless the Customer identifies any visible problem before departure. The Customer must inspect the Equipment at handover and immediately notify the Company of any damage, defect, or missing item. The Customer is responsible for the Equipment during the Rental Period and must return it complete, clean to a reasonable standard, and in the same condition as received, allowing for normal wear and tear only. The Customer must not lend, sub-rent, alter, or repair the Equipment without the Company’s prior consent. The Customer is liable for loss, theft, negligent damage, avoidable rescue costs, and damage caused by misuse, impact, grounding, unauthorized use, late return, or failure to follow instructions. The Company may charge the reasonable cost of repair, replacement, recovery, cleaning, and any loss of use where legally permitted and proportionate. The Company may require the Customer to present identification details reasonably necessary for booking verification, safety management, fraud prevention, or legal compliance before releasing Equipment. 9. Late Return, Recovery, and Abandonment The Customer must return all Equipment by the agreed return time and to the agreed launch area unless the Company instructs otherwise. Kayak rentals are for fixed periods of 2 hours or 4 hours only. If the Customer is unable to return the kayak or SUP to the launch area for any reason, a 100 euro recovery fee applies. This fee covers staff time, retrieval, and the operational disruption caused by equipment being left away from the launch area. If the Customer is unable to return to the launch area, they must call the emergency number indicated on the kayak or SUP and follow staff guidance. Late returns may also disrupt operations and create safety concerns, and the Company may recover any additional reasonable staff time, transport costs, or recovery fees to the extent permitted by applicable law. If Equipment is left unattended, abandoned, or requires collection due to the Customer’s actions, the Customer may be charged for retrieval, transport, cleaning, inspection, repair, and related operational loss to the extent permitted by law. 10. Assumption of Risk and Limitation of Liability Kayaking, stand up paddle boarding, and related water activities involve inherent risks that cannot be entirely eliminated, including but not limited to slipping, falling, capsize, collision, immersion, cold exposure, fatigue, sun exposure, dehydration, contact with marine life, changing tides, currents, wind, waves, and the risk of serious injury, illness, or drowning. By participating, the Customer acknowledges the nature of these activities and accepts the ordinary and inherent risks associated with them, while understanding that the Company remains responsible for its legal obligations under applicable law. Nothing in these Terms and Conditions excludes, limits, or seeks to waive liability in any situation where such exclusion, limitation, or waiver is not permitted by Portuguese law or other applicable mandatory law. In particular, these Terms and Conditions do not exclude liability for death or personal injury caused by negligence, fraud, wilful misconduct, or any consumer rights that cannot legally be restricted. Subject to the preceding paragraph, the Company shall not be liable for loss of profit, loss of enjoyment, indirect loss, consequential loss, or loss of personal belongings, including phones, cameras, glasses, jewelry, clothing, or other valuables brought by the Customer, whether or not dry bags or storage are provided. The Customer remains responsible for acting prudently, complying with all briefings and safety instructions, using the Equipment only within authorized areas and time windows, and taking reasonable care of their own safety, the safety of minors or other persons for whom they are responsible, and the Equipment provided. Failure to follow operational or safety instructions may result in termination of the rental without refund where legally permitted. 11. Insurance and Personal Property Litoral Secreto activities, and activities involving third-party suppliers where applicable, may expose participants to varying terrain, weather, language, cultural, and climate conditions. For that reason, these activities are not without risk, especially for people with conditions such as asthma, heart conditions, nervous disorders, or other medical issues that may affect safe participation. By booking an activity or service, each participant declares that they are aware of the risks involved and agree to follow the safety instructions provided by the Company at all times, including those published on the Company website. All participants are covered by LITORAL SECRETO - UNIPESSOAL LDA under third-party liability insurance, which is included as standard in each activity in accordance with the Company’s outdoor activity licensing obligations and applicable Portuguese law. Unless the Company expressly confirms otherwise in writing, the rental price does not include personal accident insurance, travel insurance, cancellation insurance, medical cover, rescue cover, or insurance for loss of or damage to the Customer’s personal belongings. Customers remain responsible for their personal belongings at all times and should avoid bringing valuables onto the water unless properly protected. 12. Environmental and Area Protection Rules The Customer agrees to respect the natural environment, wildlife, local communities, beaches, marshes, channels, and protected areas in and around Tavira and the Ria Formosa region. Littering, disturbing wildlife, damaging vegetation, removing natural materials, making unnecessary noise, or entering restricted zones is prohibited. The Company may issue route limitations or environmental instructions to comply with local regulations, conservation rules, maritime authority guidance, or weather-related restrictions, and the Customer agrees to follow them. 13. Privacy and Use of Personal Data The Company may collect and process personal data for booking administration, customer communication, identity and age verification where needed, payment handling, safety management, legal compliance, accounting, fraud prevention, and record keeping. Personal data will be processed in accordance with applicable data protection laws, including the General Data Protection Regulation where applicable. Where payments are processed through Stripe, relevant payment and transaction data may also be processed by Stripe in accordance with its own privacy and security framework. The Customer must ensure that all booking information provided is accurate and up to date. Where a booking is made on behalf of other participants, the booking person confirms that they are authorized to provide the relevant information to the Company. The Company does not sell personal data and will only share personal data where this is necessary for payment processing, legal compliance, regulatory obligations, customer support, fraud prevention, accounting, insurance handling, or the proper performance of the booked service. Unless separately agreed, any marketing communications, testimonials, or use of photographs or video featuring customers should be handled by the Company on the basis of valid consent or another lawful basis where required by law. 14. Complaints and Customer Service If the Customer has a complaint, concern, or service issue, they should raise it with the Company as soon as possible so that a practical solution can be considered promptly. Complaints submitted after the rental should include sufficient detail, including the booking reference, date, and description of the issue. Customers may also use the official Portuguese Electronic Complaints Book (Livro de Reclamações). The Company will handle complaints in good faith and in accordance with applicable consumer protection requirements. In the event of a consumer dispute, the Customer may resort to an Alternative Consumer Dispute Resolution entity. Under Law no. 144/2015 of 8 September, consumers may use the following entity: * Centro de Arbitragem de Consumo do Algarve – Tribunal Arbitral, Ninho de Empresas, Edifício ANJE, Estrada da Penha, 3.º andar, Sala 26, 8005-131 Faro, Portugal, telephone (+351) 289 823 135, email apoio@consumidoronline.pt, website www.consumoalgarve.pt; or * CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, website www.arbitragemdeconsumo.org. Additional information is available at www.consumidor.pt. 15. Fleet Reference and Equipment Descriptions The Company’s rental fleet currently includes a small selection of two double kayaks, three single kayaks, and two SUPs, and may include equivalent replacement equipment of similar function and safety standard depending on operational needs and maintenance status. * 2 BIC Sport Tobago kayaks: stable sit-on-top kayaks with 3 seats, suitable for 2 adults and 1 child, with a maximum load capacity of 250 kg. * 1 BIC Bilbao Deluxe: single sit-on-top kayak suitable for 1 adult, with space for 1 small child, with a maximum load capacity of 120 kg. * 2 TAHE Beach Performer SUPs: rigid all-round stand-up paddle boards designed for stable flat-water cruising and light wave use, with a maximum rider weight of 110 kg per board. One child can board. * 1 KOL Outdoor Arrow One P fishing kayak, approximately 315 x 77 cm, single-seat sit-on-top format, with a maximum load capacity of 130 kg. * 1 TAHE Ouassou kayak: compact single sit-on-top kayak for short excursions and close-to-shore use, with space for 1 child passenger and a maximum load of 110 kg. 16. Governing Law and Legal Validity These Terms and Conditions shall be governed by the laws of Portugal. Any mandatory rights granted to consumers under applicable Portuguese law or European Union law remain fully applicable and are not excluded or reduced by these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force to the extent possible. The failure of the Company to enforce any provision on one occasion shall not prevent it from enforcing that provision or any other provision on another occasion. 17. Acceptance of Terms By completing an online booking, making an online payment, accepting these Terms and Conditions through the booking process, or taking possession of any Equipment, the Customer confirms acceptance of these Terms and Conditions on their own behalf and, where applicable, on behalf of all participants included in the booking.