FUNERBOOKING LDA.
GENERAL TERMS AND CONDITIONS - CUSTOMERS
CLIENT Identification
EXPLANATORY INDEX
Definitions
Agent's duties
Customer Reservation; Complaints and Best Price Guarantee
Reservations - Overbooking
Cancellation Policy - Refundable/Non-Refundable
Credit Card Guarantee and MB (ATM) Payments
Scope of Nature of our Service
Customer Comments
Rates
Consumer Research and Analysis
Correspondence and Communication (additional)
Privacy Policy
Books and Records
Confidentiality
Miscellaneous
Purpose of Data Processing
Stored data
What is intended: To make available on-line, access to a wide range of choices of Agents to operate in a fragile moment and of special pain of relatives and friends, in the choice of funeral obituaries to provide;
We value your opinion: we show comments from real customers, without censorship
We guarantee an informative and easy-to-use website, with the best prices available.
GENERAL TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions, may be amended from time to time, apply to all our services, directly or indirectly, (services to be provided through AGENTS - Funeral Directors / Florists)) available online, from any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications, of any platform (hereinafter collectively referred to as the "Platform") and/or by completing a booking, you acknowledge and agree to read, understand and agree to the Terms and Conditions set out below, including the Data Protection Act (RGPD) in force, and Privacy Policy.
These pages, and their content, the online booking service (including mediation of the payment service) provided by us and the website are owned, managed and made available by FUNERBOOKING LDA. and are provided for the Client's personal, non-commercial use only, subject to the Terms and Conditions set forth.
The relationship we have with AGENTS - FUNERBOOKING AGENCIES AND FLORISTS - is governed by separate Terms and Conditions governing their commercial relationship with the Platform and that we have with each such AGENT;
Each AGENT is obliged to act in a professional manner with FUNERBOOKING LDA when making their product and/or service available.
The Funerbooking Ltd, as a company operating in the digital market, has a portal / online booking platform for dissemination of agents, affected to the funeral acts - FUNERAL AGENCIES / FLORIST - selected;
The Agents - (Funeral Agencies / Florists) agree that the prices available on the Funerbooking Ltd platform website correspond to the best and lowest prices available, being at least equal to those available on other platforms or sales sites.
The use of the Platform is an online service for buying, ordering, (facilitating) payment, or booking allowed that concerns various products and services that are made available by the AGENTS on our Platform.
1.1 Definitions
In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement unless otherwise stated:
1.2 "Agents" - Read Funeral Agencies / Florists, Service providers.
1.3 "Funeralbooking.co.uk platform" means: website, applications, tools, platforms and / or other devices of Funerbooking Ltd through which the service is made available.
1.3 "Best Price Guarantee" - a guarantee issued by Funerbooking Lda (under this or any other name), indicating that Funerbooking Lda, offers the best price for a funeral and / or other service provided by agents, their subsidiaries and / or business partners, and can not be found in direct sale to the public a lower price in the same agent its subsidiaries and / or business partners for an equal or equivalent service, with the same characteristics and booking conditions, and if so the Agent will be obliged to match the price.
1.4 "Customer support service" - Funerbooking Lda's customer support system that can be accessed at info@funeralbooking.pt, or directly on the platform in the faqs sector, established in this contract, and also a support line through whatsapp line - 912973039
1.5 Payment through "euPago" - Instituição de Pagamento, Lda with head office in Porto at Rua do Paraíso 260, 4000 376 Porto, collective entity no. PT513 212 744; Provides a service that allows clients/consumers of the platform who wish to make payments for them by using the ATM card of which they are holders or consumers, homebanking, or Payshop, through the conclusion of a Service Contract subject to the conditions imposed by the Banking Institution and dealt directly between the consumer customer and "euPago";
1.6 "Payment on account and order of the Customer" - "Cemetery fees, emoluments, taxes/other - Services and values supported directly by the Customer with the respective entities;
1.7 "extranet" of the Customer - for managing its own reservation.
1. 8 "Force majeure events" are considered to be all events affecting several customers and several agents: natural phenomena, volcanic eruptions, (natural) disasters, fires, acts of war, hostilities or any local or national emergency, district, port, or any other public authority, government decision or intervention, military action, civil war, or terrorism (biological, chemical or nuclear, explosions, riots, uprisings, revolutions, strikes, civil disorder, or substantial or material threat or justified perception of any of the foregoing events), or any exceptional and catastrophic emergency that makes it impossible, illegal, or prevents customers from enjoying the services provided by Agent.
1.9 "Customer" - designation given to the person who visits the platform or a customer of the platform.
1.10 "Service" - is Funerbooking Lda's online reservation system through which agents (funeral directors / florists) can make their services available for reservation and through which customers can make reservations for these services.
1.11 "Intellectual property rights" - any patents, copyrights, inventions, database rights, design rights, registered design, registered trademark, trade name, trademark, logos, service mark, know-how, utility model, unregistered design, or, if any application of such rights, know-how, trade or legal name, domain name or other similar rights or obligations, whether registered or unregistered, or other industrial or intellectual property rights, in force in any territory or jurisdiction in the world.
2. Duties of the AGENT
2.1 Information of the agent
2.1.1 All information provided by the agent to be included on the Funerbooking Lda platform must include information regarding the service to be provided (including images, photographs, descriptions), its amenities, services, and the offers available for booking, details of prices or rates (including all taxes, charges, additional costs and fees), as well as availability, cancellation conditions referred to in the Partnership Agreement and no-show and other conditions and restrictions, with the exception of payments on behalf of the customer;
2.1.2 Funerbooking Lda reserves the right to edit or delete any information if it becomes aware that it is inaccurate, incomplete, or in violation of the terms and conditions of this contract.
2.1.3 Agents are at all times responsible for correct and properly updated statements of the services they provide, including the additional availability of certain services.
2.1.4 The information provided by Agents to the Platform remains the exclusive property of each Agent.
2.1.5 Updates and relevant changes related to the image, photographs, and descriptions will be processed by the Agents - Funeral Agencies / Florists, under their strict responsibility, and these updates or changes must therefore be in accordance with their internal policy of acceptance of the image, photograph and or any other content, of Funerbooking Lda.
2.1.6 The Agent represents and undertakes that the information herein shall at all times be true, accurate and not misleading.
2.1.7 Agents are at all times responsible for correct and properly updated statements of the services they provide, including the additional availability of certain services.
2.1.8 They (the Agents) must update the information on their services as often as possible and whenever necessary and may also, at any time, change through the extranet the rates and prices available for booking, always with the Platform's prior authorization;
2.1.9 The information provided by the Agents to the Platform remains the exclusive property of each one.
2.1.10 Unless Funerbooking Lda agrees otherwise, all changes, updates/ or modifications to the information of the services provided by the agents (including prices and availability) must be made by the agents themselves, directly and online, through the extranet, or in similar ways.
2.2 Parity and service restrictions
2.2.1 Agents deliver and make available to Funerbooking Ltd price and availability parity.
2.2.2 Price parity - means the same or better price for the same service and the same booking and cancellation conditions available on the agents' websites, apps, or call centers, or directly from the agent, from any competitor of Funerbooking Lda (including any booking and booking agent or intermediary, online or offline) and/or from any other partner that is a business partner or is related to or connected with the agent.
2.2.3 Availability parity means that agents will provide Funerbooking Lda with all availability advantages that are at least as favorable as those provided to any competitor of Funerbooking Lda (including any agent or booking broker, online or offline) and/or any other partner that is a business partner of, or is related to or connected with the agent.
2.2.4 The restrictions and conditions (including the price of the services that are made available for booking must always be in accordance with clauses 2.2.2 and 2.2.3 and must make sense to all parties involved (including consumers).
2.2. 5 Unless otherwise agreed in the contract, the price presented to customers on the platform managed by Funerbooking Lda does not include VAT, in the case of agents - funeral homes - see article 9, no.: 26 of the CIVA; In the case of agents - florists - the price includes VAT at the legal rate in force - see article 1, paragraph a) and 7, no: 1 subparagraphs a) and b) CIVA - sales tax, collection of all similar taxes (national, governmental, state district, municipal and local), to the extent that these taxes, fees, charges can be reasonably calculated in advance without additional information;
2.2.6 Payments on behalf and order of the Customer - Cemetery fees, emoluments, taxes/other - are directly paid by the Customer to the respective entities/or Agents;
2.2.7 The Agent ensures and warrants that it is duly registered with all relevant tax authorities (including local tax bodies and the like).
3. Customer reservation, claims and best price guarantee
3.1 Following a booking made by a Customer on the Platform managed by Funerbooking Lda, the Agent will receive an automatic confirmation, via email and sms, for all bookings made through the Platform; Consequently, the Customer will receive confirmation of the booking made;
3.2 This reservation must include all the services requested by the customer, as well as the customer's personal details and other special requests made by the customer.
3.3 The customer may also add products or services to the reservation (if desired), these being agreed and paid directly to the agent, as agreed between them;
3.4 Funerbooking Lda, is not responsible for the veracity and completeness of the information (including credit card information) nor for the dates provided by customers; After booking, check the extranet for confirmation and / or status of the same, being the consequent obligation of the agent, to contact you, with a deadline of up to 4 hours, to initiate the service and the request in a prompt and professionally most correct manner;
3.5 When a reservation is made through the Funerbooking Lda platform, a direct contract is created, i.e. a legal relationship exclusively between the agent and the client (the so-called client reservation), according to the Platform's Terms and Conditions;
3.6 . Except for the fees, extras and (additional) costs set out in the confirmed booking, the agent will not charge the customer any transaction/administration fee or expenses for the use of any payment method (e.g. credit card charge).
3.7 . Exception made for Payments on Account and Order of the Customer, concerning the amounts for the acts to be paid to the Church, cemetery fees, emoluments and any others relative to funeral acts, which will always be values supported by the Consumer Customer, with the respective Entities, values considered extra service, at the contracted value on the Funerbooking Lda. platform;
3.8 . By Funeralbooking Ltd. the Customer, after the service provided, also has the ability to comment and evaluate the same service, as Customer Consumer.
3.9 . Complaints or claims in relation to products or services offered, dispensed or provided by agents or specific requests made by customers will be handled by the relevant agent, without mediation or interference of Funeralbooking Ltd. The latter is not responsible and hereby declines any civil liability in relation to such customer claims. It may, at any time and at its sole discretion, offer:
- Customer service and support;
- Act as an intermediary between the agent and a client;
- Provide at the agent's cost and expense, alternative services of an equal or higher standard in the event of an overbooking or other material irregularity or complaint about the agent;
3.10 In any other way assist a customer in his communication with, or action against, the agents at the agents' (agents') expense;
3.11 In the event of a valid complaint from a customer under the best price guarantee, Funerbooking Lda will promptly notify the agent of such complaint and provide the agent with the relevant details of the complaint. The Agent shall immediately, and to the extent possible, adjust the rates/price made available on the platform managed by Funerbooking Lda so that the lowest price is available for future bookings.
3.12 The Agent is obliged to accept the Customer as a contractual party and handle the online booking in accordance with the information presented on the platform at the time the booking was made, including the rate/price, the booking confirmation and all supplementary information and/or wishes disclosed by the Customer.
4. Overbooking and Cancellations
4.1 The agent will make the booked services available and if he is unable to fulfill his obligations under the present contract for any reason, he must promptly inform the platform managed by Funerbooking Lda through the customer service.
4.2 Agents will use their best efforts to provide the necessary arrangements and alternatives of equal or superior quality at their own expense:
5. Cancellation Policy - refundable/non-refundable
5.1 Agents are not permitted to cancel any online booking as they are and show available on the Platform;
5.2 Agents cannot cancel or refuse any service;
5.3 If they cannot fulfill it and are in an overbooking situation, they have to find an alternative agent to the customer, of equal or higher category, to provide that service (to the customer);
5.4 The only possibility of cancellation by agents is only in situations where they allege and demonstrate outrageous behavior, false and others of equal value, by the consumer customer towards their person and/or company;
5.5 Cancellations made by customers before the date and time, (read 4 hours after the reservation made and received), beyond which a penalty for cancellation is applied, import for the agent the obligation to return in full to the customer, the values already transacted;
5.6 For cancellations made by the customer after the date and time described in 5.5, a penalty will be applied on the amount transacted, per cancellation, to the customer, under the following terms:
a) Penalty of 5% in situations of full payment of the total reservation value;
b) To this value an additional 5% may be added, in case there are raw materials involved
c) A penalty of 20% of the total reservation value in situations of partial payment;
d) Of the eventual remainder, the agent will be obliged to return it to the client;
5.7 A further 5% penalty may be added to these penalties, on other values, provided that, at the time of cancellation, there are already raw materials involved;
6. Credit card guarantee and MB (ATM) payments
6.1 With the exception of bookings paid through payment models managed by Funerbooking Lda (euPago.pt), the guarantee of the booking is based on the credit card information provided by the customer or persons responsible for the booking.
6.2 The agent must always accept all major credit cards (including mastercard, visa and american express) as guarantee for a booking. The agent will be responsible for verifying the legitimacy of this information, the pre-authorization of the credit card and the credit limit at the time of booking.
6.3 Upon receipt of the reservation, the agent will promptly verify the credit card pre-authorization. If the credit card does not offer a guarantee of payment, Funerbooking Lda will be informed of this fact and will subsequently invite the customer to guarantee the reservation in an alternative way. If the customer does not make such a change, Funerbooking Lda reserves the right to cancel the reservation.
6.4 Payments made by credit card or MB are the responsibility of euPago.pt. This entity is a subcontracted entity by Funerbooking Lda in order to ensure the confidentiality of the data entered by customers. It is a certified entity contemplating SSL certificates. A SSL Digital Certificate adds an extra level of security to the domain, ensuring that all information exchanged between the server and the browser cannot be accessed by third parties.
The use of an SSL Certificate is for when sensitive data is being transferred between the visitor (buying client) and the server, such as credit card data and personal or confidential information.
6.5 It is also possible and also on the platform as a payment method the system (Multibanco - MB), payment model that is made at ATMs or online through an Entity and a Reference provided by Funerbooking Lda.
7. Scope and nature of our Service
7.1 Through the Platform, FUNERBOOKING LDA and its AGENTS (Funeral Agencies/Florists), we provide an online digital platform through which the AGENTS (Funeral Agencies/Florists), can advertise and/or offer their products and services for orders, purchases, reservations, through which visitors to the Platform can discover, search, compare, and place orders, reservations, purchases and payments.
7.2 By purchasing a service through the Platform, you will have the possibility of choosing and selecting the desired service or AGENT, you will enter into a direct contractual relationship (with legal bond) between the visitor/CLIENT and the SELECTED AGENT, to whom you must make any and all payments directly through the "eupago" System provided by us, with which you make the reservation or purchase the desired product or service.
7.3 Once you have selected the Service and the intended AGENT, we act only as an intermediary between you and that AGENT, transmitting the relevant details of your Reservation in question, and sending you a confirmation e-mail by and on behalf of the AGENT;
7.4 The e-mail will contain all the details of your booking and service chosen, providing you with the direct contact of the (intended) Agent;
In an eventual delay of contact by the Agent, the customer will have the possibility to contact the Agent directly (through the contacts contained in the email received);
7.5 FUNERBOOKING LDA, does not practice any act of sale, marketing, rental, or any other that involves commercial exchange, being only an intermediary through which the services eventually desired are made available;
7.6 When providing our Intermediary Service, the information we disclose is based on the information provided to us by the AGENTS themselves.
7.7 The AGENTS who promote their services and products on the Platform have access to our systems and extranet, through which they become fully responsible for updating rates/fees/prices, availability and other relevant information that is displayed on our Platform, with the proviso that payments on behalf of the Client are their responsibility and are paid directly to the entities in question (not included in the figures displayed on the Platform);
7.8 Although we use reasonable skill and care in exercising our Intermediary Service, we will not verify and cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and spelling errors), any interruptions (whether due to temporary and/or partial breakdown, repair, update or maintenance of our Platform or any other reason), incorrect, misleading or false information or failed delivery of information.
7.9 "euPago" Payment - "euPago" provides a service that, allows the Clients/Consumers who so wish, the possibility to make payments due by them through the use of ATM card of which they are holders or Consumers, homebanking, or Payshop, through a Service Agreement between the Parties - "euPago" and Consumer Customer, subject to the conditions imposed by "euPago
7.10 Any claim or complaint against FUNERBOOKING LDA, in relation to the Service provided by any AGENT available in the same, must be filed within 30 days after the date of its effectiveness;
After the above period, any complaint, may be rejected and the complainant will lose the right to any compensation (loss or cost).
7.11 Due to regular updates and adjustments of rates and availability, we strongly recommend that you take printscreen when you make a reservation, in case you need to prove your position.
7.12 Each AGENT is solely responsible, at all times, for the accuracy, completeness and correctness of the (descriptive) information displayed on our Platform (including rates/fees/prices, text and photos).
8. Customer Comments
8.1 Customer comments - customers who have used the agent's services will be asked by Funerbooking Lda to comment on the service provided, giving a score for certain aspects of the services.
8.2 Funerbooking Lda reserves the right to publish these comments and scores on the platforms. The Agent acknowledges that Funerbooking Lda is a distributor (without any obligation to verify), and not a publisher of such comments.
8.3 Funerbooking Lda undertakes to use its best efforts to supervise and review customer comments for obscenities or mentions of individuals' names. Funerbooking Lda reserves the right to refuse, edit or remove unfavourable reviews if those reviews include obscenities or mention names of individuals.
8.4 Funerbooking Lda will not enter into any discussion, negotiation or correspondence with the agent about (the content of or consequences of the publication of) any comments or opinions in any form or about any act.
8.5 Funerbooking Lda shall not have and disclaims any obligations and responsibilities for the content and consequences of (the publication of) any comments or opinions in any form or about any act.
8. 6 Customer comments are for the exclusive use of Funerbooking Lda and may be made available on its platforms at different periods through Funerbooking Lda which has exclusive ownership over all right, title and interest in and to (all intellectual property rights of) customer comments and the agent has no right to (directly or indirectly) publish, advertise, promote, copy, delete, link (via hyperlink or deep link), integrate, obtain, use, combine, share or otherwise use customer feedback without the written permission of Funerbooking Ltd.
9. Rates:
9.1 The prices offered by AGENTS on our Platform are competitive prices. 9.2 Unless otherwise agreed in the contract, the fees offered to clients on the platform managed by Funerbooking Lda do not include VAT in the case of agents - funeral directors - see article 9, nº: 26 of the CIVA;
9.3 In the case of agents - florists - the price includes VAT at the legal rate in force - see article 1, paragraph a) and 7, no.: 1 paragraphs a) and b) CIVA - sales tax, collection of all similar taxes (national, governmental, state district, municipal and local), to the extent that these taxes, fees, charges can be reasonably calculated in advance without additional information.
9.4 Payments on behalf and order of the Client - Cemetery fees, emoluments, taxes/other - are directly paid by the Client to the respective entities/or Agents;
10. Research and Analysis for the CONSUMER CLIENT;
10.1 The research, selection and search service provided on our Platform is free for consumers; After acquiring and booking a service, provided by the Agent, the same will import for the Client, the payment of the exposed and contracted amount (exempt from booking fees);
10.2 Any payment to be made by the CLIENT is made directly to the AGENT (Funeral Home / Florist), through the "eupago" system;
10.3 The Platform is only available to AGENTS (Funeral Agencies/Florists) that have commercial relations with FUNERBOOKING LDA, through a PARTNERSHIP AGREEMENT between the parties;
10.4 Non professional entities are not allowed on the FUNERBOOKING LDA platform;
10.5 By making a Reservation with an AGENT and using the service available on our Platform, you accept and agree to the Terms and Conditions contained therein;
11. Correspondence and communication (additional)
11.1 By choosing and selecting a Service with one of the AGENTS available on our Platform, you agree to receive an email that will be sent to you upon confirmation, which will give you general information about your order and provide certain information that we consider essential and relevant, an email that may be sent to you immediately after the provision of the Service contracted with the AGENT.
Please refer to our privacy and cookies conditions for more information on how we may contact you.
12. Privacy Policy
12.1 At Funerbooking Lda we consider that the protection of personal data is our greatest responsibility. In this regard, we would like to inform you about data processing and its purpose in accordance with the relevant data protection laws.
12.2 We collect and process information for the following reasons:
- To ensure the operation and performance of our website.
- To process the requested reservation, its delivery and payment (contract processing).
- To share interesting offers and news through our newsletter assuming that you have agreed to receive these offers.
13. Books and registration
13.1 The systems, books and records of Funerbooking Ltd (including extranet, the online booking statement, emails, faxes) shall be considered conclusive evidence of the existence of receipt by the agent of the reservations made by customers and the conditions thereof (of the booking made);
14. Confidentiality
14.1 The parties understand and agree that in the performance of this contract, each party may have access or may be exposed, directly or indirectly, to confidential information of the other party. Such confidential information includes customer, technical, specific, operational and other similar non-public information, which either the disclosing party designates as private or confidential, as the receiving party shall know to be treated as proprietary or confidential.
14.2 Each party agrees that:
All confidential information shall remain the sole property of the disclosing party and the receiving party shall not use any confidential information for any other purpose except for the furtherance of this contract;
Will adopt and use prudent methods to cause its employees, representative directors, officers, contracting parties and agents (so called authorized persons) to maintain the confidentiality and secrecy of the confidential information;
Will disclose confidential information only to those authorized persons who have a need to know such information for the promotion of this contract;
Will not copy, publish, disclose to third parties or use and prudent methods to ensure that authorized persons do not do so and will return or destroy all (hard or digital copies) confidential information upon written request from the other party.
14. 3 Notwithstanding the foregoing, confidential information shall not include any information, (to the extent it is or becomes part of the public domain through any act or omission by the receiving party) which was the property of the receiving party prior to the date of this agreement and which is disclosed to the receiving party by a third party without any obligation of confidentiality hereunder, or is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and nothing in this agreement will prevent, limit or restrict a party from disclosing this agreement (including any technical, operational, performance and financial information, but excluding any customer information) in confidence with an affiliated company.
14.4 This agreement is in accordance with and in strict compliance with the Data Protection Act in force;
14.5 Each of the parties agrees to comply with all applicable laws and regulations (data and privacy) of the jurisdiction in force on the processing of personal information and the protection of privacy, contained in this Agreement.
15. Miscellaneous
15.1 All notices shall be in the Portuguese language, in writing, and sent by facsimile, e-mail or national mail, with acknowledgment of receipt, to the parties' addresses listed in the Agreement.
15.2 This contract/Terms and Conditions, including the General Regime of Data Protection (RGPD) in force and Privacy Policy, constitute the entire contract and understanding of the parties in relation to its subject matter and supersedes and subrogates all previous agreements, contracts, offers, (binding or not), or statements relating to this subject.
15.3 This contract comes into force upon receipt by the Client, of the booking confirmation by the Platform, and upon confirmation of commencement of activity, by email, by the agent, being in this way automatically valid and enforceable.
15.4 In the act of registration / reservation and being a contract in digital format, its insertion implies that you have read, understood and agreed by what took due knowledge and accept the Terms and Conditions, RGPD in force and Privacy Policy;
15.6 Due to existing legislation against money laundering, corruption and terrorist financing, tax evasion and other applicable laws, for the sake of transparency and correctness, Funerbooking Lda is not entitled to make the service available or accept payments, process or facilitate payments to bank accounts that are not in the jurisdiction where the agents are located.
16. Purpose of Data Processing
16.1 We collect and process information for the following reasons:
- To ensure the operation and performance of our website.
- To process your reservation request, your entry
- To share interesting offers and news via our newsletter assuming that the customer has agreed to receive these offers.
17. Saved data
In principle, it is possible to visit our website without providing personal data.
For better performance and to ensure the functionality of our website, we process data transmitted by your internet browser. This includes the date and time of your visit to the website, the browser settings, the operating system used and the IP address.
By accessing this website, you declare that you have read, understood, agree and accept the Terms and Conditions, current GDPR and Privacy Policy of Funerbooking Lda, without the need for any further consent.