© 2024 All rights reserved
Travel agencies are subject to new regulations (“Regulations”) adopted by Presidential Decree 72/24, of 15 March 2024. Below are the Regulations highlights:
Licenses are valid for 5 years (renewable).
Existing licenses will remain in force. However, they must be adjusted to the requirements of the new Regulations within 90 days.
Travel agencies must post a bond to the licensing entity and take out insurance for their activities. The bond and insurance minimum amounts are set by separate instrument.
Each travel agency must appoint a duly qualified “Technical Director” (Director Técnico). Technical Directors can only work for one travel agency.
Travel agencies must have a dedicated offices(s), exclusively used for their activities. The licensing entity may authorize other activities to be carried out in the same office provided they do not pose a conflict with the travel & touristic activities.
Travel agencies may have sale desks in hotels, airports, railway stations, port terminals, shopping centers or similar places.
Duly identified staff of travel agencies may have access to the inside areas of airports, ports, railway stations, marinas, customs offices and similar places.
All travel agency offices must have a “Complaints Book” which must be immediately made available to customers upon request.
This information may be included in the Trip Program.
Visits to museums, monuments, classified places, historical centers, etc, must be accompanied by a touristic guide.
Customer may be substituted by another person (who meets the trip requirements) until 7 days before the start of the trip (or 15 days in case of cruises or long-haul flights). However, customer remains jointly liable for payment of the trip price.
Customer may cancel the trip at any time prior to departure. The travel agency must reimburse customer of any amount(s) paid, less an amount not exceeding 15% of the price and any appropriate costs incurred by the agency.
If customer is unable to complete the trip for reasons beyond his/her control, the travel agency must provide assistance to the customer until the point of departure or arrival.
Hotels and other touristic establishments cannot engage in anti-competitive practices, among themselves or in collusion with travel agencies.
Hotels and other touristic establishments must inform travel agencies in advance in case they post direct rates cheaper than rates charged to such agencies.
Unless otherwise agreed between the hotel and the travel agency, payment by the travel agency must be made within 30 days of check-out.
Provided the above advance notice is observed, the hotel must refund the travel agency in full.
The previous travel agency regulations contained in Presidential Decree 232/15, of 30 December 2015, are revoked.
Rui Amendoeira, OneLegal Partner.
© 2024 All rights reserved
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