Terms and Conditions

These Terms and Conditions establish the rules governing access, use, and online purchases on the website www.daydreamexperience.com, operated by Daydream Unipessoal Lda, a single-member company headquartered at Estrada Nacional 377, 2970-129 Zambujal de Cima, Sesimbra, portuguese tax identification number 516814877 (hereinafter referred to as "Daydream Experience"). Any legal matters relating to the website shall be referred to the "Privacy Policy" and "Cookie Policy" sections. These form an integral part of these Terms and Conditions.

The use of this website by any user is subject to the following terms and conditions, which imply acceptance by the user. If the user does not agree with these Terms and Conditions, they must discontinue use of the website.

By clicking the "Book now" button at the start of the purchase process, the user must carefully read the conditions presented. Should the user disagree with them, they must refrain from proceeding with the purchase.

Daydream Experience reserves the right to amend or update, in whole or in part, these Terms and Conditions, as well as the Privacy Policy and Cookie Policy. Any changes or updates to these Terms and Conditions, as well as the Privacy Policy and Cookie Policy, shall take effect as soon as they are published in the respective section of the website. Users are advised to regularly consult the sections on Terms and Conditions, Privacy Policy, and Cookie Policy to check for the most up-to-date versions.

The user is subject to the principles and terms in force at the date of their purchase, unless the law or a competent authority requires any change thereto, in which case such changes shall also apply to purchases already made.

Access to and use of the website are made available by Daydream Experience for the sale of its services, to enable payment for requested services, or to communicate with website users for other purposes.

Without prejudice to the provisions of the other clauses of these Terms and Conditions, Daydream Experience authorises any user to use this website solely for the purposes set out in these Terms and Conditions. The licence of use may be revoked by Daydream Experience at any time. In accordance with the law and these Terms and Conditions, the user is not authorised to copy, use, transfer, rent, sublicense to third parties, alter, adapt, attempt to modify or change the source code, perform reverse engineering, decompile or disassemble, in whole or in part, the content of the website. By accessing the website, the user acknowledges and accepts that its content may be incomplete, inaccurate, outdated, or may not meet their needs and requirements.

Breach of these Terms and Conditions may result in the revocation of the licence of use granted by Daydream Experience, as well as the enforcement of applicable rights to the fullest extent permitted by law, in the event of any damages or compensation claims submitted by third parties.

Daydream Experience reserves the right to modify the website and all information and content published therein, at any time, periodically, and/or without prior notice.

Access to and use of the website, including viewing web pages, their content, and evaluating information, constitute activities carried out by users.

In particular, users are entirely responsible for any communication of incorrect or false information or data, or data from third parties without their prior and express consent. Likewise, they are also responsible for any improper use thereof.

It is possible that the website content may contain errors or inaccuracies. Daydream Experience does not assume, nor shall it assume, any liability for inaccuracies and errors, or damages (if any) caused by or resulting from users' use of information derived from or through the website.

Given that any content downloaded or obtained by other means is the sole responsibility of the user, Daydream Experience disclaims any liability for damages (if any) to computers or data loss resulting from download operations carried out by the user.

Daydream Experience assumes no liability for damages (if any) resulting from the inability to access the services provided through the website, or for damages (if any) caused by viruses, corrupted files, errors, omissions, service interruptions, content cancellations, issues related to the Internet, service providers or telephone and/or telematic connections, unauthorised access, data alterations, or related to the absence and/or improper functioning of the user's electronic devices.

The user is entirely and exclusively responsible for any actions taken through their user account, whether directly or through third parties authorised by the user. Daydream Experience has implemented appropriate technical and organisational measures to safeguard the security of services provided through the website. These measures aim to ensure the integrity of electronic traffic data and to prevent risks of dissemination, destruction, or loss of confidential or non-confidential data and information of its website users, or related to unauthorised access or non-compliance with applicable legal provisions governing such personal data and information.

Daydream Experience does not guarantee, nor can it guarantee, that the website is free from viruses or any other element that could negatively affect technology.

Daydream Experience provides access to the website, which may be suspended, limited, or interrupted at any time, in particular to allow for recovery, maintenance, or the introduction of new features or services.

Daydream Experience undertakes to make every effort to restore access as quickly as possible.

The user is responsible for the safekeeping and proper use of their personal information and access credentials. In such circumstances, the user shall be responsible for providing specific information, which must be accurate and up to date. The user must not select a username belonging to third parties with the intent of assuming another person's identity. The user is not authorised to use a third party's username without their express consent.

Users are advised to read and review the Privacy Policy, which forms an integral part of these Terms and Conditions, to understand how the website collects and uses users' personal data and for what purposes.

All rights reserved. The website and all its content, including without limitation articles, opinions, other texts, lists, user guides, photographs, drawings, images, videos or audio, or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be subject to proprietary rights (including source codes) and/or other forms of intellectual property rights (hereinafter "Material"), are the property of Daydream Experience or of third parties and are protected against unauthorised use, copying, or disclosure by national laws and international treaties on Intellectual Property Rights. In accordance with the Terms and Conditions, as well as the content presented on the website, none of the provisions shall be interpreted as implicitly granting, accepting, or in any way licensing the right to use any Material, without the prior written consent of Daydream Experience or the owner of the Material in question, or the intellectual property rights published on the website. The use, reproduction, modification, republication, updating, downloading, emailing, transmission, distribution, or duplication, as well as any other improper use of Material not specifically identified but of an identical nature, is expressly prohibited.

The user may, however, view and display the website content and/or the Material on a computer screen, store such content in electronic format on disk (but not on a server or memory device connected to the Internet), or print a copy of such content for personal, non-commercial use, provided that all information relating to intellectual property rights is retained.

Access to the website does not confer upon the user any rights over the content made available by Daydream Experience.

Any links ("Links") to third-party websites or third-party content ("Other Websites") that Daydream Experience may make available on the website are included for informational purposes only and for the user's convenience. Daydream Experience exercises no control over other websites and therefore assumes no responsibility for the content, products, or services provided by those websites, including, without limitation, social networks. Daydream Experience accepts no liability for any damages or losses that may arise from the user's use of such websites, nor with regard to personal data protection during internet browsing. Access to any other websites via a link available on the website of Daydream Experience, shall be made at the user's sole responsibility and risk.

The user should therefore be vigilant and pay particular attention when connecting to other websites via links available on the website of Daydream Experience. It is essential to carefully read the applicable terms and conditions, as well as the privacy policies.

The user acknowledges and declares that:

• They have read and understood these Terms and Conditions;
• They will refrain from reproducing, duplicating, copying, selling, reselling, or by any means commercially exploiting the website or its content, or any part thereof, and will also refrain from using or reproducing the trademarks or any intellectual or industrial property rights of Daydream Experience or of third parties;
• They will not publish or use false, injurious, or defamatory information;
• They will refrain from using, directly or indirectly, the services or website for purposes contrary to the law or inconsistent with the provisions of these Terms and Conditions;
• They will not propagate viruses, spyware, adware, rootkits, backdoors, Trojan viruses, or other similar computer threats;
• They will not use software or other automatic or manual mechanisms to copy or gain control over the website or its content.

These Terms and Conditions, along with any documents referenced herein, constitute the entire agreement established between the parties with regard to the formation of a Contract. This agreement supersedes any prior agreements, understandings, or arrangements, whether written or oral.

Both parties acknowledge that, at the time of entering into the contract, neither of them relied on any statement, undertaking, or promise made by the other, or that could be considered implied from anything said or written during negotiations between the parties prior to the execution of the contract, except as expressly set forth in the Terms and Conditions.

Neither party may rely on the fact that the other has made a false statement, whether oral or written, prior to the conclusion of the contract (unless such statement was made fraudulently) to their benefit, and may only invoke the rules on contractual breach arising from these Terms and Conditions.

These Terms and Conditions shall be governed by Portuguese law and interpreted in accordance with the legislation in force.

Daydream Experience establishes the following general conditions for the provision of leisure activity and coastal transport services to its individual or corporate client, hereinafter referred to as "Client".

Daydream Experience informs the client that registration in any activity programme or rental implies knowledge and acceptance of these conditions and the specific details presented on the product page at www.daydreamexperience.com  and/or in a written quote sent to the email address geral@daydreamexperience.com .

Daydream Experience undertakes to provide insurance for all participants. In accordance with the legislation in force for Tourist Entertainment Companies and Maritime-Tourism Operators, Daydream Experience guarantees civil liability insurance and personal accident insurance for the client in its activities, pursuant to portuguese Decree-Law No. 108/2009, in its Article 20.

The responsibilities of Daydream Experience, set out in this document and arising from the obligations assumed with the Client, are duly covered by valid annual civil liability and personal accident insurance, as well as the respective licences granted by the competent public bodies for tourist and maritime-tourism entertainment activities. These responsibilities include compliance with the annual safety inspections required for its equipment, professional training of its human resources, and adherence to the environmental and health and safety standards applicable to the sector during the execution of activities contracted with the Client. The licensing bodies are Turismo de Portugal IP (TP), Direção-Geral dos Recursos Marítimos (DGRM), Autoridade Marítima Nacional (AMN) and Instituto da Conservação da Natureza e Florestas (ICNF).

Individual conduct is the responsibility of the Client. Daydream Experience disclaims any liability for accidents resulting from reckless acts by participants or their failure to follow the instructions of its staff. Prior to registering, the Client must ensure, in a rigorous manner, that they are in a state of health that enables them to participate in the contracted activities. In all situations where minors are present, it is mandatory that they be accompanied by a direct family member, their guardian, or another duly designated individual, in accordance with applicable legal provisions.

Access to the activity may be denied at any time by the representative of Daydream Experience or a duly identified staff member, to a Client who appears to be under the influence of alcohol, narcotics, psychotropic substances, or products with similar effects. If any of these circumstances are verified, the contractual relationship between the parties shall be automatically terminated. In the event of refusal to leave the activity, the competent Public Authority shall be contacted to determine the consequent measures to be applied.

For activity bookings based on a custom quote, the Client must submit their request to geral@daydreamexperience.com.

The booking will be considered confirmed upon payment of 100% of the total quoted amount, using the payment methods made available to the Client after acceptance of the quote.
 

To purchase and book daily activities and services online, the Client must follow the process below:

The Client must complete their purchase online at http://www.daydreamexperience.com.

To make a purchase, the Client must have a valid email address and ensure that their browser is configured to accept cookies and pop-ups, enabling full use of the website’s navigation features.

To make a reservation, the Client must follow the online purchase process and click the “Book Now” button. The Client must then select the desired product and/or service and complete payment in order to receive an email at the previously provided email address confirming that the purchase and reservation have been received by Daydream Experience (the “Booking Confirmation”), along with digital tickets and important information related to the activity.
 

The booking will only be considered confirmed upon full payment of the activity price as displayed in the online store, using the payment methods made available therein, and upon confirmation of the activity date by Daydream Experience to the Client.
 

After payment of the booking amount, the Client must provide Daydream Experience with the necessary tax information for issuance of the invoice for the activity, either by email or through an online form.
 

No additional amounts shall be payable by the Client to Daydream Experience after payment of the total activity price, under the agreed conditions. Likewise, no deductions shall be made from the amount owed to Daydream Experience by the Client, in accordance with the accepted quote between the parties for the performance of the activity or rental.

 

All amounts presented in quotes and/or online include VAT at the legal rate in force.
 

By completing the purchase, the Client expressly acknowledges and fully accepts the Terms and Conditions of sale, as well as the prices and description of the products included in the transaction.
 

The photographs displayed on the website are for illustrative purposes only. Clients are therefore advised to carefully review the product details and characteristics before placing an order.

Exclusion of the Right of Withdrawal:

Pursuant to Article 17(l) of Decree-Law no. 24/2014, of February 14, the statutory right of withdrawal applicable to distance contracts does not apply to services related to leisure activities where the contract provides for a specific date or period of performance. As the contracted activities consist of leisure services scheduled for a specific date, the Client expressly acknowledges and agrees that the 14-day right of withdrawal does not apply to their purchase. By completing the online booking and payment, the Client confirms that they have been clearly informed of the exclusion of the right of withdrawal and accepts this condition as an integral part of the contract. 

This information is provided in full compliance with applicable Portuguese law.

In the event of cancellation of previously reserved private group activities or boat rental services, the request must be submitted by email to geral@daydreamexperience.com up to 15 days before the scheduled date. A full refund will be issued up to the 15-day deadline prior to the activity.

In the event of cancellation of other activities, the request must be sent by email to geral@daydreamexperience.com up to 48 hours before the activity date. The refund will be issued in full, with a deduction of 50% of the amount paid if it concerns previously reserved private group activities or boat rental services.

In accordance with the established rules, no refund will be issued for cancellation requests submitted less than 48 hours before the start of any activity or rental service.

If sea conditions do not allow the contracted activity to be carried out safely, the Client will be notified by email up to 12 hours before the activity time, and the amount will be refunded at 100% — with no additional cost or fee — using the same payment method used for the booking. No compensation shall be paid to the Client for travel, meals, accommodation bookings, or other ancillary costs arising from this cancellation. If both parties are available to reschedule the activity on a new date, the original contractual conditions shall remain in force.

If the activity contracted with the Client is cancelled at the time of check-in due to unforeseeable adverse weather conditions or force majeure (wars, earthquakes, acts of terrorism, natural disasters, pandemics, or others), the amount will be refunded at 100% — with no additional cost or fee — using the same payment method used for the booking. No compensation shall be paid to the Client for travel, meals, accommodation, or other ancillary costs arising from this cancellation. If both parties are available to reschedule the activity on a new date, the original contractual conditions shall remain in force.

Whenever a refund is due under this policy, it shall be processed within a maximum period of 14 days following confirmation of the cancellation or the refund decision, using the same payment method employed in the original transaction, unless expressly agreed otherwise.

If the Client is denied access to participate in the activity because they appear to be under the influence of alcohol, narcotics, psychotropic substances, or products with similar effects, and the Client therefore does not take part in the activity, no refund shall be issued.

Other specific conditions may be agreed upon in writing with the Client at the quotation stage.

For clarification of any queries regarding the General Conditions, please send an email to geral@daydreamexperience.com, and you should receive a response within 48 hours.

For all other matters not addressed in these General Conditions, Portuguese law shall apply.

The price of products and activities available online is always indicated in euros, inclusive of VAT at the applicable legal rate.

Although Daydream Experience endeavours to ensure that all prices indicated on the website are correct, errors may occur.

Except in the case of obvious error, the price of activities and products shall be as indicated on the website at any given time, without prejudice to the subsequent application of discounts.

If Daydream Experience identifies that the price of activities and products in a booking is incorrect, it will inform the Client as soon as possible, giving them the option to reconfirm the booking at the correct price or to proceed with cancellation.

If the Client cannot be contacted, the booking will be considered cancelled and the Client will be fully refunded the price of the products, if already paid.

Prices are subject to change at any time, but except as stated above, such changes will not affect bookings for which a Booking Confirmation has already been issued.

The prices on the website are independent of those in physical stores, although they are usually the same. However, variations may occur with those, similar websites, or other sites, related to promotional campaigns for online sales.

Following booking confirmation, the Client will find several payment options available in their shopping cart and may choose the most suitable one from the following:

• Credit and Debit Cards;

• MBway;

• Bank transfer (contact via geral@daydreamexperience.com );

Daydream Experience reserves the right not to accept cheques or cash as payment for online purchases, but only the payment options listed above.

Daydream Experience shall not, under any circumstances, be liable for any damage suffered as a result of the use of electronic means of communication, including but not limited to damages arising from failures or delays in electronic communications, interception or manipulation of electronic communications by third parties or computer programmes used for communications or virus transmission.

This information is confidential and shall not be used by Daydream Experience except to carry out the procedures necessary for the purchase or reversal (in the case of a return).

Daydream Experience may transfer, assign, or encumber its contractual position, subcontract, or by any other means dispose of the contract or any rights or obligations arising therefrom, at any time during its term. Notwithstanding this, no transfer, assignment, or encumbrance of such position, or act of disposal of the contract, may have the effect of limiting the legal rights of the User as a consumer, or of reducing and/or limiting in any way any guarantee provided by Daydream Experience to the user, whether express or implied.

Daydream Experience shall not be liable for the non-performance, or delay in performance, of any obligation under the Contract that is due to an event outside its reasonable control ("Force Majeure Event").

A Force Majeure Event comprises any occurrence, act, or omission outside the reasonable control of the Seller and includes, in particular (but not exclusively), the following:

• Strikes, lockouts, and other industrial actions;
• Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat of war preparations;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
• Impossibility of use of railway, maritime, air, road, or other public or private means of transport;
• Impossibility of use of public or private telecommunications networks;
• Laws, decrees, regulations, or Government restrictions;
• Any strikes, disruptions, or accidents affecting relevant postal or transport services.

The obligation of Daydream Experience to perform under any contract shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of the respective deadline equivalent to that duration.

Daydream Experience shall make reasonable efforts to bring a Force Majeure Event to an end, or to find a solution that allows it to fulfil its contractual obligations despite the event.

In the event of a consumer dispute, the Client may refer the matter to Resolução Alternativa de Litígios de Consumo (RAL) [Consumer Alternative Dispute Resolution] entity in accordance with portuguese Law no. 144/2015.

The Client may also use Plataforma de Resolução de Litígios em Linha [Online Dispute Resolution Platform] available at:
https://ec.europa.eu/consumers/odr

Nothing in these Terms and Conditions limits or excludes any mandatory consumer rights provided under applicable Portuguese law.

This clause reinforces that no contractual provision may prejudice mandatory rights guaranteed by law.

Name: Daydream Unipessoal Lda
Tax ID: PT516814877
Address: Av. dos Náufragos - Porto de Abrigo / 2970-152 Sesimbra, Portugal
Email: geral@daydreamexperience.com
Phone: +351 912108273 | +351 962577717 (national mobile network call)