Hungry Whales - Cultural and Food Tours
General Terms and conditions
Updated January 2024
Tour information: schedules, meeting point
Participants are responsible for ensuring they know all the details concerning the tour's schedules, meeting point, duration, etc. By making a reservation, participants confirm they read all the available information regarding their tour. We are not responsible for participants' misunderstanding or misinterpretation of any information provided.
Refunds, cancellation and rebooking for Regular Tours (does not apply to Private Tours)
For products acquired through our website:
In case of participants' cancellation, the following refunds policy applies:
Within 48h prior to tour date = 100% non-refundable
Until 48 hours prior to tour date = 50% non-refundable
When possible, we will rebook the tour. Tours can be rebooked within 1 month from the date of the first reservation, but the rebooking will be always dependant on our availability. We are not responsible for loss in case rebooking is not possible.
Refunds, cancellation and rebooking for Private Tours (does not apply to Regular Tours)
Refunds, cancellation and rebooking policies for Private Tours are tailored, and do not apply to Regular Tours.
Standard Private tour Cancellation policy:
- up to 15 days prior to tour start, 15% not refundable
- from 14 days to 48h prior to tour start, 50% not refundable
- within 48h prior to the tour or same day cancellations, 100% not refundable
Port-of -call Tours Cancellation Fee (€18/person): secure a 80% refund
Our €18 per person Port-of-Call cancellation fee grants you a 80% refund in case of Port-of-call cancellations up to 8h prior to the tour, due to weather conditions.
Non-refundable amounts might be used as credit in any posterior booking, up to 2 years from the initial booking date.
Specific policies may apply depending on the customisation of the tours. We will inform you on all conditions prior to any payment.
We reserve the right to cancel a tour every time we consider there are not the adequate conditions, such as harsh weather conditions, events or other circumstances that jeopardize the tour's quality or the participants' safety.
Tours acquired through Viator, TripAdvisor, GetYourGuide or other platforms or agencies will be subject to the conditions informed by such agencies.
Participants with disabilities:
We encourage participation of all passengers on our tours. Nevertheless, Ponta Delgada has cobble stone streets and many sidewalks are not adapted to wheelchair access. We make every effort to provide such passengers with the same experience enjoyed by ambulatory participants, but we cannot accept responsibility for itinerary deviations that disabled passengers’ limitations may necessitate.
Personal Conduct:
We reserve the right to remove any participant whose conduct is deemed to pose a risk or nuisance to others, or disturbs a tour in any way. We will not refund or cover any cost or expenses incurred due to unacceptable behavior.
Smoking: Smoking within the group’s vicinity is not allowed.
Website:
To the best of our knowledge all information provided on our website/emails is correct. Errors, omissions and exceptions not withstanding. We do not assume responsibility or any liability for any participant’s own misunderstanding or misinterpretation of any information provided.
Pets: Pets are not allowed in our tours, except for service dogs.
Children under 12:
Adults with children under 12 are discouraged to join our regular tours, and our staff may refuse attendance if the children disturb other guests or the guide. Please contact us for further information, since we have family orientated tours for groups with children.
Participants are responsible for ensuring they know all the details concerning the tour's schedules, meeting point, duration, etc. By making a reservation, participants confirm they read all the available information regarding their tour. We are not responsible for participants' misunderstanding or misinterpretation of any information provided.
Refunds, cancellation and rebooking for Regular Tours (does not apply to Private Tours)
For products acquired through our website:
In case of participants' cancellation, the following refunds policy applies:
Within 48h prior to tour date = 100% non-refundable
Until 48 hours prior to tour date = 50% non-refundable
When possible, we will rebook the tour. Tours can be rebooked within 1 month from the date of the first reservation, but the rebooking will be always dependant on our availability. We are not responsible for loss in case rebooking is not possible.
Refunds, cancellation and rebooking for Private Tours (does not apply to Regular Tours)
Refunds, cancellation and rebooking policies for Private Tours are tailored, and do not apply to Regular Tours.
Standard Private tour Cancellation policy:
- up to 15 days prior to tour start, 15% not refundable
- from 14 days to 48h prior to tour start, 50% not refundable
- within 48h prior to the tour or same day cancellations, 100% not refundable
Port-of -call Tours Cancellation Fee (€18/person): secure a 80% refund
Our €18 per person Port-of-Call cancellation fee grants you a 80% refund in case of Port-of-call cancellations up to 8h prior to the tour, due to weather conditions.
Non-refundable amounts might be used as credit in any posterior booking, up to 2 years from the initial booking date.
Specific policies may apply depending on the customisation of the tours. We will inform you on all conditions prior to any payment.
We reserve the right to cancel a tour every time we consider there are not the adequate conditions, such as harsh weather conditions, events or other circumstances that jeopardize the tour's quality or the participants' safety.
Tours acquired through Viator, TripAdvisor, GetYourGuide or other platforms or agencies will be subject to the conditions informed by such agencies.
Participants with disabilities:
We encourage participation of all passengers on our tours. Nevertheless, Ponta Delgada has cobble stone streets and many sidewalks are not adapted to wheelchair access. We make every effort to provide such passengers with the same experience enjoyed by ambulatory participants, but we cannot accept responsibility for itinerary deviations that disabled passengers’ limitations may necessitate.
Personal Conduct:
We reserve the right to remove any participant whose conduct is deemed to pose a risk or nuisance to others, or disturbs a tour in any way. We will not refund or cover any cost or expenses incurred due to unacceptable behavior.
Smoking: Smoking within the group’s vicinity is not allowed.
Website:
To the best of our knowledge all information provided on our website/emails is correct. Errors, omissions and exceptions not withstanding. We do not assume responsibility or any liability for any participant’s own misunderstanding or misinterpretation of any information provided.
Pets: Pets are not allowed in our tours, except for service dogs.
Children under 12:
Adults with children under 12 are discouraged to join our regular tours, and our staff may refuse attendance if the children disturb other guests or the guide. Please contact us for further information, since we have family orientated tours for groups with children.
Waiver and Release of Claims
Consent to Medical Attention and Grant of Rights
By purchasing tickets for and participating in the food tastings, cultural walking tours (“Tours”) or any other food-related services ("Tastings") offered by "Hungry Whales - Cultural and Food Tours Azores" (the “Company”), and in consideration for my being allowed to participate in the Tours and Tastings, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
Voluntary Participation:
I understand and confirm that my participation in the Tours and Tastings is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours and Tastings.
Comprehension of Risk:
I fully comprehend and accept all of the risks associated with my participation in the Tours and Tastings including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours and Tastings take place in venues under conditions largely beyond Company’s control.
Assumption of Risk:
I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours and Tastings. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours and Tastings.
Release of Liability
Limitation of Damages:
I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours and Tastings, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours and Tastings be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours and Tastings is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
Indemnification:
I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours and Tastings.
Binding Effect:
This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
Consent to Medical Treatment:
I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
Severability:
If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
Promotional Release:
I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours and Tastings, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY.
I HAVE READ THIS ENTIRE DOCUMENT.
I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS.
BY CONTINUING TO PARTICIPATE IN THE TOURS AND TASTINGS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE TOURS AND TASTINGS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.
Voluntary Participation:
I understand and confirm that my participation in the Tours and Tastings is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours and Tastings.
Comprehension of Risk:
I fully comprehend and accept all of the risks associated with my participation in the Tours and Tastings including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours and Tastings take place in venues under conditions largely beyond Company’s control.
Assumption of Risk:
I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours and Tastings. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours and Tastings.
Release of Liability
Limitation of Damages:
I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours and Tastings, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours and Tastings be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours and Tastings is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
Indemnification:
I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours and Tastings.
Binding Effect:
This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
Consent to Medical Treatment:
I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
Severability:
If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
Promotional Release:
I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours and Tastings, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY.
I HAVE READ THIS ENTIRE DOCUMENT.
I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS.
BY CONTINUING TO PARTICIPATE IN THE TOURS AND TASTINGS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE TOURS AND TASTINGS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.
