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Fivemotion, Lda. (5emotionsalgarve) | VAT No. 515328774 | RNAAT 70/2021
1. Scope
These terms apply to all bookings made through 5 Emotions Algarve. By confirming their booking, the customer accepts these terms and conditions.
2. Check-in and boarding
Check-in must be completed at least 30 minutes before boarding time at our kiosk (No. 6) at Portimão Marina. Seats are not reserved; the crew will allocate seating for safety reasons and to ensure the boat’s balance.
3. Health and safety
This activity is not recommended for pregnant women or people with back or neck problems. Children under 16 must be accompanied by an adult. The company accepts no liability for any damage resulting from failure to follow the crew’s instructions.
4. Personal belongings
Emotionsalgarve accepts no liability for loss of or damage to personal belongings (mobile phones, cameras, etc.) on board.
5. Conduct
We reserve the right to refuse boarding to anyone under the influence of alcohol or drugs, or wearing offensive clothing.
6. Photography
Photography for promotional purposes is permitted. To opt out, please inform the guide before the tour begins.
7. Caves and swimming
Entry to caves and swimming stops are subject to sea conditions and authorisation from the maritime authorities.
Due to local regulations, the boat can only remain in the Benagil Caves for a few minutes. You are not permitted to leave the boat.
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Fivemotion, Lda. (5EmotionsAlgarve) | VAT No.: 515328774 | RNAAT: 70/2021
Whale and dolphin watching in their natural habitat is a wild experience, and as such, sightings cannot be guaranteed on every trip.
1. Exclusive Dolphin Tour
On the tour dedicated exclusively to dolphin watching, customers have the option of purchasing the “Sighting Guarantee” at the time of check-in, for an additional cost.
2. Terms of the guarantee
If the customer has purchased the guarantee and no cetaceans are sighted during the tour, they will be entitled to a free rebooking voucher under the following conditions:
- Validity: The rebooking must be taken within 12 months of the original tour date.
- Seasonality: The rebooking must be for the same season as the original tour (e.g. if the original tour was in the low season, the rebooking must also be for the low season).
- Subject to availability at the time of the new booking.
3. Exclusions (combined tour)
IMPORTANT: This guarantee policy does not apply to the ‘Benagil Caves and Dolphins’ combined tour. Due to the mixed nature of the tour, sightings cannot be guaranteed, nor can rescheduling be guaranteed if cetaceans are not observed.
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1. Introduction
Fivemotion, Lda. (hereinafter referred to as ‘5emotionsalgarve’) respects your privacy and is committed to protecting your personal data. This policy describes how we collect, use and protect your information in accordance with the General Data Protection Regulation (GDPR).
2. Data controller
The entity responsible for processing your data is Fivemotion, Lda., with tax identification number (NIF) 515328774. Its registered office is located at Lugar Benaciate CxP 606N, 8375-016 S. B. Messines. You can contact the data controller via email at [email protected].
3. What data do we collect?
We collect the following data necessary for the provision of our services:
- Identification: Name and date of birth.
- Contact details: Email address and telephone number.
- Billing: Tax identification number (NIF) and address (if requested by the customer).
- Payment: Processed securely via the Fareharbor platform.
- Images: Photographs and videos taken during the tours (see section 6).
4. Purpose and legal basis
We process your data for the following purposes:
- Booking management: Performance of the contract for the provision of maritime tourism services.
- Compulsory insurance: Compliance with legal obligations (RNAAT 70/2021).
- Marketing: Sending newsletters and promotions (only with your explicit consent).
- Promotion: Promotion of the brand on social media and the website (based on legitimate interest and consent).
5. Protection of minors’ data
Due to the family-oriented nature of our activities, we collect data on minors (name and age) for safety purposes. This data is always provided by parents or legal guardians, who consent to its processing when making the booking.
6. Capturing images (photos and videos)
When you book one of our experiences, 5emotionsalgarve is authorised to take and publish photos and videos of you during the activity.
IMPORTANT: If you do not consent to this, please inform us.
7. Sharing with third parties
5Emotions Algarve holds all the necessary insurance. Data may only be shared with insurers or public authorities (such as the Maritime Police) where strictly required by law or to ensure passenger safety.
8. Data retention
We only retain your data for the period necessary for the purposes described, or to comply with legal invoicing and archiving deadlines (generally 10 years for tax documents).
9. Your rights
In accordance with the GDPR, you have the right to access, rectify, erase, restrict or object to the processing of your data. To exercise these rights, please email us at [email protected].
10. Security
We have implemented technical and organisational measures to protect your data against unauthorised access, loss or destruction. -
Fivemotion, Lda. (5emotionsalgarve) | VAT No.: 515328774 | RNAAT: 70/2021
5emotionsalgarve has a strict cancellation policy to ensure the viability of its operations and customer satisfaction.
Early cancellation by the customer: 100% refund if cancellation is notified at least 24 hours before the scheduled departure time.
No-show: Failure to arrive at the check-in point at the scheduled time will not entitle the customer to a refund unless they can present a valid medical certificate (e.g. a doctor’s note or an emergency report).
Critical Delays: If the customer arrives late and the vessel has already departed, the customer forfeits their right to the trip and will not receive a refund or automatic rebooking.
Rules for rescheduling due to late arrival: if the customer arrives late but the boat has not yet departed, or if they arrive after departure, rescheduling will only be possible if space is available on the next departure. Availability is only checked 15 minutes before the next boarding. If there is no space available, the customer will not be able to reschedule.
Minimum Number of Passengers: The running of any tour is subject to a minimum number of passengers. If this number is not reached, 5emotionsalgarve reserves the right to cancel the activity. In such situations, customers will be contacted as soon as possible to choose one of the following options:
- (a) rescheduling to an alternative time/day, or
- (b) a full refund of the amount paid.
Cancellations due to force majeure: If the activity cannot take place due to circumstances beyond the company’s control, such as adverse weather conditions, unsuitable sea conditions, restrictions imposed by the authorities, or unforeseen technical problems, 5emotionsalgarve will offer rescheduling or a full refund.