Terms and Conditions of Use of the Online Store – TAP store

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

 

A. GENERAL TERMS AND CONDITIONS

 

1. These terms and conditions of use of the TAP store Online Store ( “TAP Store”) are defined and made available to the user or customer (together “User/Customer”) of the website available through the link www.store.flytap.com (“Website ”) and by Transportes Aéreos Portugueses, S.A. (“TAP”), which also uses the commercial name TAP Air Portugal, a company with registered offices at Edifício 25 do Aeroporto de Lisboa, 1700-008 Lisboa, parish of Olivais, municipality of Lisbon, Portugal, with a share capital of €980,000,000.00, of which €637,000,000.00 are paid up, with an equity of €325,277,536.00, registered at the Commercial Registry Office of Lisbon under the unique registration and legal person number 500 278 725. If in the future TAP makes TAP Store products and services available in an application (“App”), then these terms and conditions will also cover said App.

 

2. There are also part of (i) these terms and conditions, (ii) TAP’s General Terms, Policies and Conditions of Use (available at https://www.flytap.com/pt-pt/termos-e-condicoes), (iii) TAP’s Privacy, Security and Data Protection Policy (available at https://www.flytap.com/pt-pt/termos-e-condicoes), which are reproduced and incorporated herein, in everything that is not contrary to these terms and conditions, (iv) the order form and (v) other specific terms and conditions that may be communicated to the User/Customer, at any time, on the Website (hereinafter collectively referred to as “Terms and Conditions”).

 

3. The TAP Store, in addition to providing information regarding a set of products, through the access Website, also allows the User/Customer, electronically, to place an order for the products advertised therein.

 

4. The Terms and Conditions establish the rules and obligations for access and use of the TAP Store/Website, owned by TAP (whether managed directly or by a subcontracted company), for placing orders or purchases, downloading applications, games, participation in competitions or access to other products, services and other digital functionalities, and therefore also constitute the terms and conditions that will govern any contract for the purchase and sale of products and services (“Contract”) between TAP and the User /Customer of TAP Store.

 

5. Using the TAP Store/Website presupposes and implies the acceptance and compliance with the Terms and Conditions. If the User/Customer does not agree and accept them, they must immediately discontinue using the TAP Store/Website and not subscribe to it.

 

6. Payments made on the TAP Store, in particular through the Website or possible future applications (“Payments”), are managed (directly or indirectly) by TAP and are subject to these Terms and Conditions.

 

7. TAP may replace, modify and change part or all of these TAP Store Terms and Conditions on the Website (and possible future applications) owned by them or (directly or indirectly) managed at any time, without prior notice. Such changes come into force immediately upon their publication. It is the User/Customer’s sole responsibility to stay informed and consult these Terms and Conditions regularly and whenever necessary. By start using and continuing to use the TAP Store/Website (and possible future applications), the User/Customer agrees with any changes made to them and expressly declares to have read, understood and fully accepted its Terms and Conditions.

 

8. TAP reserves the right to add, remove or modify, at any time, the information and commercial offers presented regarding partners, products, prices, promotions and discounts, commercial conditions or services.

 

9. Any use of the TAP Store/Website (and possible future applications) that violates the provisions of these Terms and Conditions may result, among other things, in the termination or suspension of your rights to use the websites and/or applications, as well as in the removal of your access to reserved areas. TAP also reserves the right to delete your registration and Customer account.

 

10. All rights relating to the Website (and possible future applications) and its digital presence are reserved. © All rights reserved.

 

 

B. USER/CUSTOMER ACCESS AND REGISTRATION

 

11. To place an order on the TAP Store, the User/Customer can (i) enter as a guest, selecting the option “Continue without registration”, (ii) register in advance on the Website (and possible future applications), or (iii) log in using their TAP Miles&Go account details.

 

12. To place an order as a guest, the User/Customer must provide the following personal data: name, address, email address and tax identification number. Failure to complete all mandatory fields (duly marked) will result in the request being invalidated.

 

13. Registering for a TAP account is free.

 

14. To carry out prior registration, the User/Customer must provide the following personal data: name, address, email address and tax identification number. Failure to complete all mandatory fields (duly marked) will result in the registration being invalidated. The User/Customer commits to provide accurate, updated and complete information during the registration process and to update this information in order to keep it accurate, current and complete.

 

15. The User/Customer is responsible for protecting their password and shall not disclose it to third parties.

 

16. The User/Customer is solely responsible for their actions or account activity on the TAP Store/Website, whether or not they authorized such actions or activities.

 

17. The User/Customer must immediately notify TAP of any unauthorized use found in their TAP Store account or TAP Miles&Go account.

 

 

C. PRIVACY POLICY, PROTECTION AND PROCESSING OF PERSONAL DATA OF USERS/CUSTOMERS

 

18. The User/Customer expressly authorizes TAP, and their selected partners, as well as any companies providing TAP Store services, to record, process and use any personal data provided by the User/Customer relating to TAP Store products and services and/ or for the purpose of communicating and promoting their actions and/or others, these entities being obliged to maintain secrecy and guarantee security in relation to User/Customer data to which, for this purpose, they have access, and must not use this data for any other purposes, or for their own benefit, nor relate them to other data they hold.

 

19. The personal data entered in the User/Customer profile in the TAP Store account, as well as that provided to us as a complement to the information already made available, will always be used by TAP in accordance with the Personal Data Protection Law in force at each time, taking into account the continuous improvement of your experience as a User/Customer of the Website (and possible future applications), as well as a way to allow the implementation and smooth functioning of the ordering and purchase processes of TAP products and services.

 

20. TAP is committed to protecting the privacy of the TAP Store User/Customer. In this context, TAP has prepared a Privacy, Security and Data Protection Policy, with the purpose of affirming its commitment and respect for the rules of privacy and protection of personal data, which is available at https://www.flytap.com/pt-pt/termos-e-condicoes, which are herein integrated and fully reproduced.

 

 

D. TAP STORE – GENERAL SALE CONDITIONS

 

21. When placing an order through the TAP Store/Website, the User/Customer declares that he/ she is over 18 (eighteen) years old and has the legal capacity to enter into a contract of this nature.

 

22. The TAP Store Contract is concluded via the Website (or, if possible in the future, via the App), electronically, in accordance with the provisions of Portuguese law applicable to this type of contract.

 

23. The presentation of products on the TAP Store/Website simply represents a non-binding offer, so that the User/Customer can consult and express their intention to purchase the products available on the TAP Store. The User/Customer acknowledges that there will be no contract with TAP until their order is expressly accepted by TAP.

 

24. To place an order, the User/Customer must select the products they want (by clicking on “Add to cart”), indicate the desired quantity and complete the order following the respective steps on the TAP Store/Website. When the order is received by TAP, the User/Customer will receive an email acknowledging the receipt of their order (“Order Confirmation”). The Contract is concluded with the acceptance of the order by TAP, its execution being subject to these Terms and Conditions and compliance by the User/Customer with all its obligations, including those relating to the Payment.

 

25. There is no minimum order value on the TAP Store.

 

26. When placing an order on the TAP Store, the User/Customer expresses their full and complete acceptance of these Terms and Conditions, including the general conditions of sale, prices and description of the products ordered, which will be the only ones applicable among the two parties, without prejudice to applicable legal provisions.

 

27. TAP Store products will only be considered the property of the User/Customer after they have paid the price in full and have received the product.

 

28. Unless something different is indicated next to the product or during the ordering process, published prices include all applicable taxes and legal fees in accordance with Portuguese Law in force at the time of the payment request.

 

29. For deliveries outside Portugal, the applicable taxes and fees may be different and the final price may, in this case, also be different (namely, higher than the one indicated). Therefore, the address provided by the User/Customer will be decisive for determining the final price of the order.

 

30. Prices may be changed by TAP, with the new prices being in force, replacing the previous ones, from the moment they are published in the TAP Store.

 

31. The images/graphic representation presented may be merely illustrative and may not completely represent the product in question. In case of discrepancy between a graphic representation of a product and the information contained in the description of that same product, the latter will prevail.

 

32. Information regarding product features, dimensions, weight and sizes represents a sample for the product in question. If the graphic image of the product contains additional decorative material, such additional decorative material is not covered or included in any way in the order to be shipped, unless it is referred as included and/or specified in the product description.

 

33. TAP will keep in their files the order number and name of the User/Customer for the maximum period necessary, under the terms of law, after placing the order, data that the User/Customer may access, update, rectify or delete, at all times, as indicated in Section S below.

 

34. All TAP store products are covered by a compliance guarantee in accordance with and for the period prescribed in the applicable law in force.

 

35. The identity of the supplier and their address, as well as the essential characteristics of the products on sale and their price, are available on the TAP Store/Website. Any errors in your order can only be corrected if it has not yet been shipped, using the order form on the TAP Store/Website. The intended correction will only be considered to have been validly requested after written confirmation from TAP of receipt and acceptance of your request for rectification.

 

 

E. DELIVERY AND SHIPPING COSTS

 

36. Delivery of TAP Store orders is subject to payment by the User/Customer of the shipping costs that are in force on the date of dispatch of the order, and taking into account the transport method, destination and weight of the order, which will be expressly indicated at the time of finalizing the order.

 

37. Shipping prices include VAT, when applicable, in accordance with the applicable legislation in force.

 

38. Shipping to countries that do not belong to the European Union may not be possible or may involve delays and additional expenses. TAP is not responsible for any damage occurring due to any of these facts, and the User/Customer is solely responsible for paying any additional expenses, including the terms of the following paragraph.

 

39. In the case of shipments to countries that do not belong to the European Union, they may be subject to the payment of customs and customs fees that are determined by the country of destination, the respective payment being the exclusive responsibility of the User/Customer, who undertakes to carry it out. In case of return/reshipment of the order to the TAP Store due to non-payment by the User/Customer of the customs and customs fees for which they are responsible, the User/Customer will also be responsible for paying the return/reshipment costs, undertaking to do so as soon as they are requested, either by TAP or by another responsible entity.

 

 

F. PAYMENT METHODS FOR ORDERS

 

40. The following payment methods may be available at the TAP store:

 

i. Paypal
ii. Credit Card (Visa / Mastercard)
iii. ATM
iv. MB Way
v. iv. Miles from TAP Miles&Go Account

 

41. In cases of payments by ATM, the order will only be considered validly completed if the payment is considered valid within a maximum period of 48 (forty-eight) hours after the User/Customer has placed the order/finalized the order in the TAP Store.

 

42. In the case of payment with miles from the TAP Miles&Go account, this will be automatic upon login using your TAP Customer Miles&Go number. Please also consult the terms and conditions of the TAP Miles&Go program, using the link https://www.flytap.com/pt-pt/termos-e-condicoes-miles-and-go.

 

43. When using the payment methods identified in paragraph 40, the User/Customer is also subject to the specific rules of those payment service providers and specific rules applicable to the TAP Miles&Go Program.

 

 

G. ORDER DELIVERYS

 

44. The products will be delivered by post via CTT, to the address indicated by the User/Customer when placing the order, within a maximum period of 7 days.

 

45. If the User/Customer does not receive the products for reasons not attributable to TAP, such as, for example, if the order is not received due to the absence of a receiver at the address provided in the order or due to an error in the User/Customer’s indication of the delivery address, and for that reason are returned to TAP, the User/Customer may, within a maximum period of 60 days, contact TAP by writing using the TAP Store form, communicating or confirming the address to which they wish the products in question to be reissued. Upon receipt of the order, TAP will send an email to the User/Customer with the return shipping procedures and costs. The User/Customer will then have to pay in advance the estimated shipping costs informed by TAP, using the payment methods indicated by them, and will also have to present the order form and valid identification document. After the aforementioned maximum period of 60 days, TAP will consider the products abandoned by the User/Customer, reserving the right to destroy them or dispose of them as they see fit, without the User/Customer having any right to a refund or compensation of the payments made.

 

46. Delivery of products will always be made to the address indicated by the User/Customer.

 

 

H. WITHDRAWAL OF ORDER

 

47. The User/Customer may freely withdraw from their purchase (except in the case of personalized items whose return is not possible), without the need to indicate the reason, within the legal period of 14 (fourteen) days from the date of receipt of the products, and must do so, by returning the purchased products in accordance with the following paragraphs.

 

48. The return provided for in the previous paragraph must be made by filling out the form at the TAP Store within the period indicated above, communicating the desire to terminate the Contract.

 

49. The right of withdrawal can only be exercised if the User/Customer returns the products within the period indicated in paragraph 47, in the exact original conditions in which they were dispatched and upon delivery of a copy of the proof of purchase, under penalty of TAP not being able to accept the return of the products in question.

 

50. Products must be presented in the conditions of use and operation in which they were sold, including their original packaging. If the packaging is damaged and/or the items show obvious signs of use, TAP will not accept their return, nor will they refund the price.

 

51. With the exception of defective products, where, whenever possible, the product will be replaced, and when the right of free resolution has been exercised by the User/Customer under the terms set out above, TAP will refund the amounts paid by the User/Customer, under the terms of paragraphs 52 and 53, by whatever means TAP deems most appropriate.

 

52. In the event that the Customer requests to cancel the order under the terms described above, and if the TAP Store has already incurred the respective costs of shipping the order, the User/Customer will not be reimbursed for the amount relating to the shipping costs.

 

53. It is the sole responsibility of the Customer to prove that they have exercised their right to free resolution, within the respective legal deadline, as well as to bear the costs of returning the products.

 

 

I. PRODUCT EXCHANGE

 

54. Product exchanges (changing to another of a different size or to a different product) are permitted within 15 (fifteen) days, for products of equal or greater value to the product initially ordered. In this case, the User/Customer will have to bear the return costs, any price difference and the postage of a new delivery.

 

55. In the event that the desired product has been, for any reason, discontinued and there is no restock, TAP undertakes to refund the amount paid for the product initially ordered, with the exception of shipping/return costs.

 

 

J. LIMITS OF LIABILITY

 

56. Under no circumstances will TAP, its subsidiaries, affiliates, employees, partners, licensors or suppliers be liable for any indirect, consequential, punitive, special or incidental damages that result from, arise from, or are related in any way to access, use or inability to use the TAP Store/Website (and possible future applications), for the contents or user contents, even if TAP has been advised of the possibility of such damages occurring, except if such damages are due to willful misconduct or fraud attributable to TAP.

 

57. The User/Customer acknowledges and guarantees that the use of the TAP Store/Website (and possible future applications) is done in accordance with their will and that TAP or any of their subsidiaries, affiliates, employees, agents or contractors are not responsible for any direct, indirect, punitive, consequential, special or other pecuniary damages, fees, fines, sanctions or liability arising from the voluntary use by the User/Customer of the TAP Store/Website (and possible future applications).

 

58. TAP does not assume any obligation or responsibility for any computer viruses, malicious code or other harmful elements, delays, inaccuracies, errors or omissions, completeness, reliability or usefulness of the information made available or accessed through the TAP Store/Website (and possible future applications).

 

59. The User/Customer acknowledges and guarantees that, to the extent legally permitted, they assume the risks arising from access and use of the TAP Store/Website (and possible future applications).

 

 

K. USER/CUSTOMER CONDUCT

 

60. When using the TAP Store/Website (and possible future applications), the User/Customer is obliged to:

 

i. Do not use manual or automatic software, devices, scripts, robots or backdoors or other means or procedures that aim to access, “scrape,” “crawl” or “spider” any website or services provided;

ii. Do not copy, store or by any means access or use information made available on the TAP Store/Website (and possible future applications) for purposes that are not expressly permitted in these Terms and Conditions;

iii. Do not violate the rights of any person or entity, namely intellectual property rights, privacy, property or contractually established rights;

iv. Do not interfere with or damage the TAP Store/Website (and possible future applications), namely through the use of viruses, Trojan horses, cancel bots, harmful code, flood pings, denial of service attacks, backdoors, packet or IP spoofing, forged routings, email information or through similar methods or technologies;

v. Do not use the TAP Store/Website (and possible future applications) or social networks to transmit, distribute, publish or submit any information related to third parties or entities, namely, photographs of others without prior authorization, personal contacts, etc.;

vi. Do not register on behalf of third parties;

vii. Do not act by impersonating another person or entity, falsifying or misrepresenting your identity or relationship with third parties;

viii. Do not use automatic scripts to interact with, or collect information from, the TAP Store/Website (and possible future applications);

ix. Do not publish, make available, submit, transmit or upload content that: (a) infringes, violates or disrespects patents, copyrights, trademarks, trade secrets, or other intellectual property rights, publicity or privacy or rights relating to the personality of third parties; (b) violates or incites the violation of applicable laws or regulations or gives rise to civil liability; (c) is fraudulent, false or misleading; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discriminatory, intolerant, racist, hateful, harassing or harmful behavior against an individual or group of individuals; (f) is violent or threatening, promotes violence or actions that may be threatening to third parties; or (g) promote illegal or harmful activities or substances;

x. Do not use, display, mirror or frame the TAP Store/Website (and possible future applications) or any element contained therein, as well as the name, brand, logo, its layout, graphics, designs of the TAP Store/Website (and possible future applications), nor any other website or application related to it, without the express consent of TAP;

xi. Do not access, tamper with or use non-public and restricted access areas of the TAP Store/Website (and possible future applications), TAP or third party computer systems;

xii. Do not attempt to investigate, exploit or test the vulnerability of TAP’s systems or networks, or violate any security and authentication system or measures;

xiii. Do not avoid, divert, remove, deactivate, harm, decode or in any other way avoid technological measures implemented by TAP, third parties contracted by them, Users/Customers or third parties to protect the website;

xiv. Do not forge the TCP/IP header or any other part of the information contained in the header in emails, news group publications, or use the TAP store/website (and possible future applications) to send altered, misleading or false information;

xv. Do not make attempts to decipher, decompile, disassemble or reverse engineering processes of the software used to make available and create the TAP store/website (and possible future applications); or

xvi. Do not advise, encourage or help third parties to carry out any of the actions described in the previous paragraphs.

 

61. TAP has the right to investigate and hold the User/Customer responsible for any violations of the obligations described above, up to the limit permitted by law.

 

62. TAP may access, retain or disclose any information if required to do so by law or if there are sufficient reasons to believe it is necessary to (a) respond to claims filed against TAP or comply with the legal requirements of the process (e.g. subpoenas or notifications; (b) enforce and manage agreements concluded with users, such as these Terms and Conditions, (c) fraud prevention, risk assessment, investigation, customer service, business and product development or cleaning systems (d) protect the rights, property or safety of TAP, their Users/Customers or other members of the public.

 

63. The User/Customer acknowledges that TAP is not obliged to monitor access to or use of the TAP Store/Website (and possible future applications). However, TAP may do so for operational reasons or to improve the TAP Store/Website (and possible future applications), namely for fraud prevention, risk assessment, investigation, customer service, to ensure compliance with these Terms and Conditions by the User/Customer, of the law, judicial, administrative or governmental order, to respond to content considered inappropriate or in accordance with these Terms and Conditions. TAP reserves the right, at any time and without prior notice, to remove or disable access to any content that they consider objectionable for any reason, in violation of these Terms and Conditions or Privacy Policy or in any way harmful to the TAP Store/Website (and possible future applications).

 

 

L. INTELLECTUAL PROPERTY

 

64. All brands, logos, commercial names and other designations referring to TAP used in the TAP Store/Website (and possible future applications) are brands and trademarks registered by them or duly licensed.

 

65. All other brands, logos and commercial names are the property of the parties mentioned therein.

 

 

M. TRACKING COOKIES AND TECHNOLOGIES

 

66. TAP may use cookies or similar technological means on the TAP Store/Website (and possible future applications).

 

67. In this way, when the User/Customer accesses the TAP Store/Website (and possible future applications), they will make certain information available to TAP.

 

68. These technologies helps TAP to provide a better experience whenever the User/Customer browses websites or applications, allowing us to improve the website or application itself and provide the User/Customer with content, offers and campaigns.

 

69. TAP may, directly or through third parties contracted to provide these services, track User/Customer behavior on the TAP Store/Website (and possible future applications) to prevent fraud, for customer service, data and behavior analysis, investigation, risk assessment and compliance with the law, as well as to allow the User/Customer to access the TAP Store/Website (and possible future applications) and make payments.

 

70. TAP may also, directly or through third parties hired for this purpose, monitor the User/Customer’s behavior on the TAP Store/Website (and possible future applications), in order to be able to market and advertise its services or products, either on the TAP Store/ Website (and possible future applications), on third-party websites or applications.

 

71. The User/Customer can disable the use of cookies in their browser settings.

 

72. The TAP Store/Website will keep its rules and practices in for the case of changing the “Do Not Track” signal in the browser’s HTTP header.

 

 

N. EXTRAJUDICIAL DISPUTE RESOLUTION

 

73. Pursuant to Law No. 144/2015, of September 8, as amended, Users/Customers may submit any contractual conflicts to the arbitration and mediation mechanisms that are or will be legally constituted (using alternative resolution entities of disputes (RAL), as well as complaining to the CNIACC – National Center for Information and Arbitration of Consumer Conflicts.

 

 

O. FREE RESOLUTION FORM

 

74. The form to return an order and request a refund is available here.

 

 

P. COMMENTS AND SUGGESTIONS

 

75. Comments and suggestions from Users/Customers are welcome and can be made using the contact form available on the TAP Store. By submitting suggestions, recommendations or comments, the User/Customer grants TAP a non-exclusive, perpetual, irrevocable license free from any burden or charges, to use such suggestions, recommendations or comments on the TAP Store/Website (and possible future applications).

 

 

Q. TAP’S GUARANTEES AND LIABILITY

 

76. TAP excludes the following guarantees/responsibilities, therefore they will not be responsible or guarantee, in any way, the User/Customer, that:

 

i. The content, products or services meet or are capable of meeting any of your needs or expectations;

ii. Any error in the software must be corrected;

iii. Be responsible for any losses suffered by the User/Customer and by third parties that may arise from failures in the capture, viewing or use of content, not exclusively attributable to TAP or due to unauthorized use of TAP servers;

iv. For the correctness, currentness or veracity of the information contained in the contents, as well as for any errors, deficiencies or inaccuracies therein and for the damages they cause;

v. Be responsible for any losses suffered by the User/ Customer and/or third parties, resulting from the use or impossibility of using the contents or the website due to delays, interruptions, errors and suspensions of communications and loss of information as a result, which originate in factors beyond their control and are not attributable to them, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading (“download”) of infected files or containing viruses or other properties that may affect the User/Customer’s terminal equipment, particularly when the latter does not install the appropriate software to protect access, as well as in situations of unpredictable overload of computer systems.

vi. For any losses suffered by the User/Customer and/or by third parties that may arise from any unauthorized use of TAP servers.

 

77. The Website (and possible future applications) is a public electronic communications network, therefore TAP does not guarantee that the content does not contain inaccuracies, lapses or typographical errors. TAP does not guarantee service without interruptions, loss of information or delays in the event of force majeure events.

 

 

R. COMMUNICATION AND NOTIFICATIONS

 

78. Without prejudice to other forms of communication provided for in these Terms and Conditions, all notifications made to the User/Customer within the scope of these Terms and Conditions, including any changes thereto, will be made to the email address indicated by the User/Customer upon Registration or published on the TAP Store/Website (and possible future applications). If the User/Customer wishes to contact the TAP store, they can do so by using the online contact form.

 

79. Notifications made directly to the User/Customer will be considered made on the business day immediately following the sending of the notification to the email address indicated by the User/Customer at Registration. The User/Customer is obliged to inform TAP of any change to the email address indicated at the time of registration. Failure to comply with this obligation renders any change of address ineffective against TAP, considering that all notifications have been made in accordance with the terms set out above.

 

 

S. ACCESS TO PERSONAL DATA

 

80. The User/Customer may, at any time, access, update and modify the personal information transmitted to TAP or delete it at any time. To do this, simply access your personal area in your TAP Customer Miles&Go account, or, alternatively, upon written request, addressed to the TAP headquarters, located at Rua C, Aeroporto de Lisboa, Edifício 25 – 8º andar, 1700-008 Lisboa, or to the following email address Tapstore.suporte@tap.pt.

 

81. The User/Customer may also request at any time that their data be deleted or restricted. If this is the case, TAP will delete their account and the User/Customer will no longer have access to the TAP Store/Website services (and possible future applications) through this means.

 

82. To obtain a copy of your personal information contained in the TAP Store/Website (and possible future applications) or to request the deletion of your profile/Registration, please send a written request, addressed to TAP headquarters, located at Rua C, Aeroporto de Lisboa, Edifício 25 – 8º andar, 1700-008 Lisboa, or to the following email address Tapstore.suporte@tap.pt, or access your personal area in your TAP Customer Miles&Go account.

 

T. UNFORESEEABLE CIRCUMSTANCES AND FORCE MAJEURE

 

83. TAP will not have any responsibility for the non-fulfillment of contractual services nor are they considered as non-compliant under their responsibility resulting from a case of force majeure, understood as such, circumstances that make it impossible to carry out the respective performance, beyond the control of TAP, which they could not have known or foreseen at the date of the conclusion of the contract and whose effects they could not reasonably be expected to circumvent or avoid.

 

84. They may constitute force majeure, if the requirements of the previous number are met, namely, earthquakes, floods, fires, epidemics, sabotage, strikes, international embargoes or blockades, acts of war or terrorism, riots and injunctive governmental or administrative orders.

 

85. The occurrence of circumstances that may constitute cases of force majeure must be communicated to the User/Customer as soon as possible.

 

86. Force majeure determines the extension of deadlines for compliance with contractual obligations affected by the period of time demonstrably corresponding to the impediment resulting from force majeure, particularly with regard to processing and delivery deadlines for the order placed by the User/Customer.

 

 

U. APPLICABLE LAW AND DISPUTE RESOLUTION

 

87. These Terms and Conditions are subject to, and must be interpreted in accordance with, Portuguese Law.

 

88. Without prejudice to Section N, for the resolution of any disputes arising from this Agreement or in the interpretation and application of these Terms and Conditions, the jurisdiction of the District of Lisbon is competent, with express waiver of any other.

 

 

V. FINAL DISPOSITIONS

 

89. Failure by TAP to exercise rights or apply certain rules under these Terms and Conditions does not constitute a waiver thereof. Any waiver will only be valid if made in writing and duly signed by a legal representative of TAP.

 

90. Except as expressly provided in these Terms and Conditions, the exercise of rights by one party does not prejudice the exercise of rights by the other party.

 

91. If any provision of these Terms and Conditions is judged null, invalid or ineffective by a court or arbitrator, such provision will be applied to the extent legally permissible and to the extent that it may produce effects and will not affect the validity or effectiveness of the remaining standards, which will remain in force.

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