Booking Terms & Conditions
Madeira Cruises | Private Boat Tours
These Booking Terms & Conditions apply to all bookings made for boat trips operated by Madeira Cruises.
By making a booking, the customer confirms that they have read, understood and accepted these Terms & Conditions.
1. Booking and Payment
A booking is confirmed once the required payment has been received and the customer has received a booking confirmation from Madeira Cruises.
The customer is responsible for providing accurate booking information, including the number of passengers and contact details.
The maximum number of guests permitted on the boat is limited to the vessel's authorised capacity. The customer must not bring additional passengers who are not included in the booking.
2. Weather and Sea Conditions
Boat trips are subject to weather and sea conditions.
Weather forecasts cannot guarantee the actual conditions at sea. Even when weather conditions appear suitable, the sea may be windy, wavy, rough or otherwise less comfortable than expected.
Passengers acknowledge that a boat trip naturally involves movement of the vessel, waves, wind, spray and possible changes in sea conditions.
The fact that a trip operates does not mean that the sea will be calm or that the conditions will be comfortable for every passenger.
The Captain has the final authority to determine whether the trip can safely operate.
3. Cancellation by the Operator Due to Weather or Sea Conditions
For safety reasons, Madeira Cruises may postpone or cancel a trip if weather or sea conditions are considered unsuitable or unsafe.
A trip may be cancelled even if the weather appears acceptable to the customer or according to publicly available weather forecasts.
If a booking is cancelled by the Operator due to unsafe weather or sea conditions, the customer will be offered the option to reschedule the trip to another available date.
If the proposed alternative date is not suitable for the customer, the customer may choose to receive a full refund of the amount paid for the cancelled booking.
The Operator will make reasonable efforts to notify the customer of any cancellation or change as soon as reasonably possible.
4. Changes to the Trip
The Captain may change the route, itinerary, stopping points, departure time, speed or duration of the trip where reasonably necessary due to weather, sea conditions, maritime traffic, safety considerations, technical circumstances or other operational reasons.
The advertised itinerary is therefore indicative and does not constitute a guarantee that every advertised location or activity will be visited.
Safety takes priority over the advertised itinerary.
5. Captain's Authority
The Captain has final authority regarding the safe operation of the vessel and the conduct of passengers on board.
Passengers must follow all reasonable instructions given by the Captain or crew.
The Captain may require passengers to remain seated, move to a different area of the boat, use safety equipment, change their position or otherwise follow specific safety instructions.
Passengers must not interfere with the operation of the vessel, its equipment or navigation.
The Captain may refuse to depart, alter the route, return to the marina or terminate the trip if necessary for safety reasons.
6. Passenger Safety and Conduct
Passengers must behave responsibly and in a manner that does not endanger themselves, other passengers, the crew or the vessel.
Aggressive, threatening, abusive, reckless or disruptive behaviour is not permitted.
Passengers must not attempt to operate, control or interfere with the vessel, engine, navigation equipment or other safety equipment unless specifically instructed to do so by the Captain or crew.
Any passenger who refuses to follow reasonable safety instructions may be required to leave the vessel or may have their participation in the trip terminated.
7. Alcohol and Drugs
Passengers must not board or remain on board while seriously intoxicated by alcohol or drugs.
Excessive alcohol consumption is not permitted.
The consumption of alcohol on board, where permitted by the Operator, must be responsible and must not affect a passenger's ability to behave safely or follow instructions.
Illegal drugs are strictly prohibited on board.
The Captain may refuse boarding or terminate a passenger's participation in the trip if the passenger is intoxicated or their condition or behaviour creates a safety risk.
Where a passenger's behaviour or condition is the reason for refusing boarding or terminating the trip, any refund will be handled in accordance with applicable law and these Terms & Conditions.
8. Health and Physical Condition
Passengers are responsible for determining whether they are physically able to participate in a boat trip.
Passengers should take into account that the activity may involve movement of the vessel, waves, wind, sun, spray, vibration and sudden changes in movement.
Passengers should inform the Operator before departure of any relevant medical or physical condition that may affect their ability to participate safely.
Passengers who are pregnant, have a serious medical condition, significant mobility limitations or any other condition that may affect their safety should seek appropriate medical advice before participating.
The Operator may require additional information where reasonably necessary to assess safety.
Nothing in these Terms & Conditions excludes or limits any liability or legal responsibility that cannot lawfully be excluded under applicable law.
9. Children and Minors
Children must be accompanied and supervised by a responsible adult unless otherwise agreed with the Operator.
Parents or legal guardians are responsible for ensuring that children follow the instructions of the Captain and crew.
The Captain may require children or other passengers to wear appropriate safety equipment whenever considered necessary.
10. Late Arrival
Passengers must arrive at the designated meeting point at the time stated in the booking confirmation.
Passengers arriving late may cause a delay to the scheduled departure or may reduce the available duration of the trip.
The scheduled trip duration will not automatically be extended because of a passenger's late arrival.
If a passenger arrives too late for the trip to depart without causing unreasonable disruption to the schedule or other passengers, the booking may be treated as a no-show.
11. Customer Cancellation
Customer cancellation and refund conditions are determined by the cancellation policy presented during the booking process.
Where a booking is non-refundable or subject to a cancellation fee, this will be clearly indicated before payment is completed.
If the customer cannot attend the trip, they should contact Madeira Cruises as soon as possible.
12. No-show
If a customer does not arrive at the designated meeting point at the required time and does not provide reasonable prior notice, the booking may be treated as a no-show.
A no-show does not automatically qualify for a refund or rescheduling.
Any refund or rescheduling in such circumstances will be subject to the applicable cancellation policy and applicable consumer rights.
13. Technical or Operational Problems
Although Madeira Cruises makes reasonable efforts to maintain the vessel in safe operating condition, unforeseen technical or operational problems may occur.
If a technical problem or other operational circumstance prevents the safe operation of the vessel, the Operator may postpone or cancel the trip.
Where the Operator cancels the trip for this reason, the customer will be offered an alternative date or, where the alternative is not suitable, a refund in accordance with applicable law.
14. Trip Duration
The advertised trip duration is an approximate duration.
Actual duration may vary due to weather, sea conditions, maritime traffic, safety requirements, docking and departure procedures, technical circumstances or other operational reasons.
The Operator will make reasonable efforts to provide the advertised duration whenever conditions allow.
15. Personal Belongings
Passengers are responsible for their personal belongings while on board.
Passengers should avoid bringing valuable, fragile or water-sensitive items unless properly protected.
Madeira Cruises is not responsible for loss or damage to personal belongings except where such responsibility cannot legally be excluded.
Passengers are responsible for securing their belongings during the trip.
16. Photography and Video
Photography and video may be taken during the trip for operational, promotional or marketing purposes.
Where Madeira Cruises intends to use identifiable images or video of a passenger for promotional purposes, any required consent will be obtained separately in accordance with applicable data protection and privacy requirements.
Customers may be offered the opportunity to provide separate consent for the use of photographs or video containing them.
Refusing promotional photo or video consent will not affect the customer's ability to book or participate in the trip, unless otherwise expressly stated for a specific promotional offer.
17. Safety Equipment
The vessel is equipped with the safety equipment required under applicable regulations.
Passengers must use safety equipment when instructed to do so by the Captain or crew.
Passengers must not remove, misuse, damage or interfere with safety equipment.
18. Passenger Responsibility
Passengers are responsible for:
- providing accurate information during the booking process;
- arriving at the meeting point on time;
- following the instructions of the Captain and crew;
- behaving responsibly;
- taking reasonable care of their personal belongings;
- informing the Operator of relevant circumstances that may affect their safe participation.
19. Liability
Madeira Cruises takes reasonable measures to provide a safe and professional boat trip.
Nothing in these Terms & Conditions is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable Portuguese law.
The Operator is not responsible for circumstances outside its reasonable control, except where otherwise required by applicable law.
Passengers remain responsible for their own actions and for any damage caused by their intentional or negligent behaviour.
20. Force Majeure
The Operator will not be considered responsible for failure or delay in providing the booked service where this is caused by circumstances beyond the Operator's reasonable control.
Such circumstances may include, where applicable, severe weather, dangerous sea conditions, official restrictions, maritime incidents, natural events, strikes, infrastructure failures, serious technical events or other circumstances that could not reasonably have been prevented.
Where a booking cannot safely or reasonably be provided due to such circumstances, the Operator will communicate the available options to the customer in accordance with applicable law.
21. Insurance
The activity is operated with the insurance coverage required under applicable Portuguese legislation.
The existence of insurance does not affect the customer's statutory rights or the Operator's legal responsibilities.
22. Complaints
Customers who wish to make a complaint should contact Madeira Cruises using the contact details provided on the website or booking confirmation.
Customers also retain any rights available to them under Portuguese consumer protection legislation, including applicable rights relating to complaints and the Livro de Reclamações.
23. Personal Data
Personal data collected during the booking process will be processed in accordance with applicable data protection legislation and the Madeira Cruises Privacy Policy.
Personal information may be used where necessary to process bookings, communicate with customers, provide the booked service, comply with legal obligations and manage customer support.
24. Applicable Law
These Terms & Conditions are governed by applicable Portuguese law.
Nothing in these Terms & Conditions is intended to restrict or remove any mandatory consumer rights that apply to the customer under applicable law.
Where a provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
25. Acceptance of Terms
By completing a booking, the customer confirms that they have had the opportunity to read these Booking Terms & Conditions and agrees to comply with them.
The customer specifically acknowledges that:
- sea conditions may be windy, wavy or uncomfortable;
- the trip may be changed, postponed or cancelled for safety reasons;
- the Captain has final authority regarding the safe operation of the vessel;
- passengers must follow the instructions of the Captain and crew;
- excessive intoxication and illegal drugs are not permitted;
- if the Operator cancels the trip because of unsafe weather or sea conditions, the customer will first be offered an alternative date and may choose a full refund if the alternative date is not suitable.