Article 1. Applicability
1.1. These general terms and conditions (hereinafter 'terms') apply to the services by Jinah Trans Lda (hereinafter 'Jinah'). These terms have priority over the client’s terms and unless stated otherwise the client waives his general terms, should there be any.
1.2. Deviations from these general terms are only permitted with Jinah’s explicit and written consent.
1.3. By client is meant: every natural person, legal body or private individual who consigned an assignment to Jinah.
Article 2. Reservation and confirmation
2.1. A reservation for services will be definitive only when it is accepted and confirmed by Jinah.
2.2. A reservation can only be accepted after receipt of the deposit or full payment. Payment needs to be received by Jinah Trans within 48 hours.
2.3. The reservation is always made in writing.
2.4. Online reservation enquiry form, online information form or reservation by email: After receipt of a request from the client for our services, Jinah will send a reservation form by e-mail to the client. The client must review, complete sign and return the form to Jinah by e-mail. By signing the reservation form, the client automatically agrees with the Jinah terms. If everything is in order and deposit or full payment is received within 48 hours, Jinah will confirm the client’s reservation by e-mail. For further information, please see page 2 of the reservation form.
2.5. Reservation by the online instant booking form: client completes the details online. Jinah checks if the request can be accepted and confirms receipt of online payment. Acceptance of online payment is the client's confirmation of the booking. In the event a reservation cannot be accepted, due to booking conflict, or any other justifiable reason, Jinah will not accept the online payment.
2.6. In principle, Jinah does not accept reservations through intermediaries. When this does happen, the intermediary is responsible for the correct processing of the reservation and he must also deliver the reservation form, which contains important information, to the (end)client. If the intermediary refrains from doing so, he will be responsible or liable for any due consequences and/or extra costs.
2.7. In the rare event, a reservation is not made in writing the client automatically acknowledges and agrees to the Jinah terms.
Article 3. The client's obligations
The client is obliged to:
3.1. fasten his seatbelt during the entire ride. Imposed fines resulting from the non-observation of this obligation always are at the client’s expense.
3.2. refrain from damaging or polluting the Jinah vehicles, consuming food and (non-)alcoholic drinks (with the exception of water), transporting and/or using narcotics, using smoking materials, being aggressive, interfering in any way to hinder Jinah from doing its job.
3.3. pay the agreed price.
3.4. open the vehicle doors in such a way that third parties are not bothered or put in danger. This handling is always at the client’s own risk.
3.5. inform Jinah in time of changes to travel data, writing errors, incorrect information, and such. If not, Jinah is not liable for any consequences, damages and/or extra costs. Also see article 8.
3.6. timely be at the meeting point stated on the reservation form. If the client cannot make it in time, then he is obliged to inform Jinah. Otherwise, the client forfeits his right and is still obliged to pay the amount due. If possible, Jinah will do everything in its power to transport the client within twenty-four (24) hours. This service will be charged extra.
3.7. at all times, carry a valid proof of identity. In no case whatsoever, Jinah can be held liable for any consequences and/or costs resulting from the client's negligence to comply with this and other mandatory formalities.
3.8. Minors must have a proof of identity with photo. Minors are not transported by Jinah if they are not accompanied by their parents or legal guardian.
3.9. At all times, the client is responsible for his luggage. For loss, theft or other incidents with luggage, Jinah can never be held liable.
3.10. Even though Jinah provides a passenger insurance for its services, the client is advised to have a personal travel, luggage and accident insurance. In case of any accident, damage, loss or theft, Jinah cannot be held liable for the consequences, whatever they may be.
3.11. The client is obliged to comply with all Jinah’s directions for the good execution of its services. The client is liable for damages caused by his improper behaviour.
Article 4. Jinah’s obligations
Jinah undertakes to:
4.1. transport the client and his (hand)luggage in a careful and safe way.
4.2. assist in getting in and out the vehicle, loading and unloading the (hand)luggage, except when this is impossible because of (traffic)technical reasons.
4.3. at the client's request, to give a receipt with at least the price, the company name and the date of the service.
4.4. if possible, and only in the case of airport transfers, to wait at least one (1) hour for the customer to arrive in case of (unannounced) delays. If this is not possible or when the hour passes, Jinah is considered to have met its obligations. Extra waiting time after the expiry of the one hour, will be charged at 5 Euros per quarter for transfers up to 7 people. For larger groups this amount may be increased depending on the type of bus. Each started quarter is considered a full quarter.
4.5. transport the client if he has informed Jinah of a flight delay. In such case, Jinah cannot guarantee that the client will be transported immediately after arriving. However, Jinah will do everything in its power to arrange transportation as quickly as possible. A supplement up to the full transfer price may be charged.
Article 5. Transfers
5.1. Unless indicated otherwise, the price for transfers includes:
- door-to-door transport
- all taxes, including vat
- Via Verde (tolls for motorways in Portugal)
- parking costs at Lisbon airport up to one hour for arrivals and up to 10 minutes for departures
- passenger insurance and all other mandatory insurances under Portuguese Law
- under Portuguese Law, regulatory child seats for children up to 12 years of age
- no extra charge for night or weekend transfers
- transport of your luggage, as follows:
1 to 3 passengers: max. 2 XXL-suitcases and 3 hand luggage
OR max. 3 L-suitcases and 3 hand luggage (*)
4 to 5 passengers: max. 3 XXL-suitcases and 4 hand luggage
OR max. 4 L-suitcases and 4 hand luggage (*)
6 to 7 passengers: max. 4 XXL-suitcases and 4 hand luggage
OR max. 6 L-suitcases and 4 hand luggage (*)
from 8 passengers: max. 1 suitcase and 1 hand luggage per person
(*) If your luggage includes a buggy or any other oversize luggage item, this needs to be communicated to Jinah Trans upon reservation and they must be collapsed and portable. In that case, the abovementioned number of suitcases has to be reduced by 1. A surcharge may be charged.
Important for our planning: If such luggage is included in your reservation, please note that there will be additional waiting time at Lisbon airport (at the luggage carrousels). If you do not see your buggy, for example, please check the other carrousels! It could be there.
5.2. Prices never include any personal expense, tips, admission fees, and such, unless it is explicitly indicated as included.
5.3. The price for an airport transfer or local transfer is valid for an uninterrupted journey from start to end destination. Stops, for example for retrieving the holiday accommodation key at the property management company, shopping, etc., can be carried out only at the discretion of Jinah and with prior reservation. Stops are seen as additional waiting time (for the extra charges involved, see article 4.4.
5.4. The transport of pets is subject to Jinah's explicit approval. A pet is seen as an extra passenger.
Article 6. Tour programmes (hereinafter tours)
6.1. The prices of tours include what is stated in the tours programme and
- all taxes, including VAT
- Via Verde (tolls for motorways in Portugal)
- passenger insurance and all other mandatory insurances under Portuguese law
- under Portuguese law, regulatory child seats for children up to 12 years
6.2. See art. 5.2.
6.3. At all times, tours can be changed by Jinah.
Article 7. Prices, terms and payment
7.1. Payment by the client to Jinah must be done in accordance with the agreements made. Full payment must be concluded before the start of the service. If not, Jinah is entitled to terminate the agreement and not to perform the service. However, this does not relieve the client from his obligation to pay the full amount.
7.2. If the client is in default towards Jinah, he is obliged to fully reimburse Jinah for extrajudicial and judicial costs. All other costs Jinah incurs to collect the monies due, are at the client's expense.
7.3. If a client has paid, but did not make use of the booked service, Jinah is not obliged to refund the paid amount. Optionally, Jinah can offer another similar service, if possible. The client is not obliged to accept this alternative suggestion and Jinah is under no obligation to pay a refund.
7.4. Jinah reserves the right to change rates and/or terms without prior notice. Prices are always subject to fluctuations in fuel prices, and such. If an above average fluctuation occurs after the reservation date, Jinah may need to incur a surcharge.
7.5. Promotions, special offers and such can never be accumulated.
7.6. Mistakes or errors in publications of Jinah or third parties on Jinah’s services, prices, programmes, etc., do not bind Jinah.
Article 8. Cancellations and changes by the client
8.1. Cancellations must be in writing. If a reservation is cancelled by the client, the following sums are charged by Jinah:
• From booking confirmation up to 16 weeks before the date of the service: 50% of the total price
• Subsequently: 100% of the price
In case of a reimbursement, Jinah will take care of this asap and no later than 30 days after the date on which the service should have been taken place. Jinah will make the reimbursement from the company’s bank account to the client’s bank account (not via payment service providers).
8.2. Changes to a reservation will be accepted upon payment of the following costs, on top of the previously agreed price and/or any price adjustment:
• Up to 8 weeks before the date of the service: 15% of the price
• Subsequently: 25% of the price
8.3. If the client deviates from the pickup time suggested by Jinah, the latter is not liable for any due consequences (for example, late at the airport or any other destination).
Article 9. Cancellations and changes by Jinah
9.1. If Jinah does not appear as agreed, the client is entitled to compensation for proven damages up to the amount of the agreement. This compensation expires in case of force majeure (see art. 11).
9.2. Jinah can stop the service immediately if the client causes hindrance as a result of which Jinah is unable to perform the service in a responsible manner. In that case, Jinah can order the client to leave the vehicle immediately and Jinah is not obliged to pay any compensation to the client. This does not absolve the client from his obligation to pay the amount due according to the original agreement with Jinah.
Article 10. Complaints and liability
10.1. Jinah does everything possible to have the service running smoothly. If, despite these efforts, an inadequacy occurs, the client is entitled to report this to Jinah. Usually, a problem can be solved immediately.
10.2. If this is not possible or the complaint cannot be satisfactorily resolved, the complaint needs to be filed in writing and with reasons to Jinah within two (2) calendar days from the incident date. Is this deadline expired, the executed agreement will be deemed accepted and approved.
10.3. Jinah will investigate the complaint and inform the client in writing whether or not it is justified no later than one (1) month after receipt of the complaint.
10.4. A complaint is not admissible and Jinah is not liable for damage due to not properly executing the agreement if and to the extent that the inadequacy is due to the client. Jinah does not accept liability for damages for which a claim to compensation has been made by the client under an insurance policy as recommended to the client under art. 3.10.
10.5. In no event a complaint will dismiss the client from his payment obligation.
10.6. Depending on the circumstances, Jinah is obliged to provide assistance and help to the client in case the service fails to meet the expectations he reasonably might have following the agreement. If their cause can be attributed to the client, Jinah is only obliged to provide help and assistance if it can be reasonably demanded of Jinah.
At all times, the costs for the help and assistance are at the client's expense. The costs may be borne by Jinah only if the inadequacy in the execution of the agreement can be attributed to Jinah and to a maximum of the agreement's amount.
10.7. At all times, Jinah’s liability is at the most one time the price of the original agreement between Jinah and the client.
Article 11: Force majeure
11.1. Cases of force majeure, whether temporarily or permanently suspending or making the execution of Jinah's service impossible, as of right remove Jinah’s obligations towards the service and release Jinah from any liability or damages. Are considered as force majeure: all foreseen and unforeseen circumstances beyond Jinah's control and which prevent Jinah to meet its obligations. In addition, are also considered as force majeure: war and similar situations, decisions or actions of the public authority, strikes, floods, storms and other weather conditions, fire, accidents, illness, epidemics, transport obstructions, traffic problems, defects, timetable changes, disruptions services internet providers, supplier negligence (this list is not exhaustive).
11.2. Even in cases of force majeure, Jinah will do everything reasonably possible to provide assistance and help to the client in difficulty during the agreement’s execution. In that case, Jinah can charge the client for costs made by Jinah, including extra transport services, overnight stays, etc.
11.3. If Jinah has already fulfilled a part of its obligations or in case Jinah can only fulfil part of its contract, then Jinah will consider this as a separate service for which Jinah is entitled to the amount due for the already performed work. The client is obliged to pay these costs.
Article 12: Disputes
12.1. The general conditions and agreements between Jinah and the client, in their entirety, are exclusively governed under Portuguese Law.
12.2. All disputes between the parties involved, directly or indirectly resulting from an agreement for services fall under the exclusive jurisdiction of the district’s courts, under which Jinah’s head office is registered.