AFFILIATE – TERMS & CONDITIONS

 

MONTOOR is a tourism platform for booking travel products and intermediating bookings for accommodation, activities, circuits, transport, tours & other products.

01- Acceptance of terms and conditions – By submitting your data to Montoor, you agree to these “Terms and Conditions” (the “Agreement”), to which you are legally bound by this Agreement, the Terms and Privacy which are also available on the website and mentioned here for reference. You must be 18 or older or be authorized to enter into this contract under Portuguese law. Each person submitting an affiliate request agrees to operate as an Affiliate of Montoor (hereinafter referred to as “AM”). AM accepts that the breach of any of the conditions set out in “Affiliate – Terms & Conditions” is understood as a breach of this agreement. Once the request has been submitted, this agreement will constitute the Effective Agreement between AM and MONTOOR, a travel agency duly constituted in accordance with the laws of Portugal with registered office at 151 Caminho do Vidro, 4950-778 Monção, and registered with Turismo de Portugal, with the number RNAVT 8377 and the associated NIF 245,575,286. To become an authorized affiliate of Montoor, the affiliate agrees to these Terms and Conditions. If you do not accept these Terms and Conditions you cannot be an affiliate of Montoor or submit the request for this site.

02- Term/Renewal/Termination of the Agreement – 02.01- The agreement is accepted for a period of 12 months. Except in cases of termination by AM or MONTOOR, the agreement will be valid after registration by AM & after validation by MONTOOR. 02.02- AM has the right not to renew its affiliate relationship with MONTOOR annually, informing in writing one month before the end of the same. MONTOOR may not renew this agreement if AM has not acted as described in these Terms and Conditions, due to intentional violations of these Terms and Conditions. If MONTOOR does not wish to renew this agreement with AM, there will be written notice, up to 30 days before the end. All amounts due will be paid to AM within the stipulated deadlines by Bank Transfer. 02.03- AM and MONTOOR may terminate this agreement before the scheduled date, whenever they so wish, and there will be written notice to the other party 30 days in advance. Termination by AM is free and by MONTOOR must be based on the violation of these terms. 02.04- During the first 12 months, the affiliate has up to 6 months to achieve a minimum of 1 booking (only for travel products), otherwise the contract will be terminated and the commissions due to the affiliate will be paid. In the following months, you have up to 3 months. When renewing the contract, the affiliate will always have up to 3 months to obtain a minimum of 1 booking (only for travel products). If the contract is terminated by one of the parties, the affiliate will have to start from scratch if they re-register for the program and the affiliate has not committed any previous infraction. Without the minimum bookings for the mentioned period, the account will become a “customer” account and your travellers will no longer be associated to your account. For a new affiliationship request from the same company or businessmen/entrepreneur, write to partners@montoor.com

03- Change of Terms and Conditions – MONTOOR may modify the terms of this agreement, or any part thereof, by announcing and notifying such changes in writing to affiliates by email, or by any other means permitted by applicable law. The changes thus introduced shall take effect from the dates indicated in the respective notification, but not earlier than four (4) weeks after notification, unless the law provides otherwise. If AM does not agree to any of the modifications provided for above, it may terminate this agreement, doing so in writing, as provided for in the previous point.

04- Company OR businessman/entrepreneur person – The AM agrees that he/she is not an employee or representative of MONTOOR and that the agreement does not create any employment relationship between the AM and MONTOOR. The AM acts as a company OR businessman/entrepreneur person in relation to the activities covered by the agreement. Nothing contained in these terms and conditions may be construed as an employment relationship, franchise or other relationship of dependency between AM and MONTOOR, with AM waiving any claim to the contrary. AM agrees not to use the MONTOOR name, service marks or other intellectual property rights owned or licensed by MONTOOR in writing and that such authorization shall constitute a limited authorization. AM agrees not to: (1) take any action that infringes these rights or compromises the name, reputation, brands and goodwill of MONTOOR or its partners/collaborators/affiliates; (2) use any trademarks or service marks that are similar to MONTOOR‘s trademarks or service marks; or (3) promote, sell or use goods or services produced by third parties under the well-known name, reputation and/or brands of MONTOOR or in false association with them. The AM agrees that he/she will be responsible for all expenses relating to the formalities necessary to establish an independent business in his/her capacity as AM, as well as those relating to the respective operations. As such, MONTOOR has not required and will not require any efforts from you in terms of work, time or money in your development as an AM, nor has it agreed or will it agree to compensate you for the time spent and/or expenses incurred by you in the operation of your work as an AM.
AM agrees to satisfy all legal and tax requirements and to comply with all applicable regulations, laws and/or codes when carrying out any activities authorized under this agreement, including consumer protection laws and regulations. Furthermore, AM agrees not to engage in any actions that may compromise the reputation of MONTOOR or AM or harm the good name associated with MONTOOR and its trademarks owned by it. AM agrees to present proof of compliance with the obligations in question, should MONTOOR request it at any time.

05- Prices, information and reviews of tourist products – The prices shown on our platform include VAT at the legal rate for the products.After the partner/collaborator/traveller requests a booking via the booking form for quotes or for a product on the platform, MONTOOR confirms the final price per person, availability, as well as the booking conditions for the product. MONTOOR is only bound by information exchanged in writing via email, WhatsApp or B2C account messages with participating COLLABORATORS / PARTNERS / TRAVELLERS. 05.01- Prices of tourist products are defined by Montoor (MONTOOR brand), by the partner (PARTNER brand) or BE LOCAL products by the collaborator (BE LOCAL brand). 05.02- Information on tourist products displayed on the platform is written by Montoor (MONTOOR and PARTNER brand) or by the collaborator (BE LOCAL brand). 05.03- The average rating for each product or collaborator page must be equal to or greater than 4****. If you are a minor, Montoor, the Partner or the Collaborator may have the product or page suspended on the platform (analyzed on a case-by-case basis by Montoor).

06- Prices / Bookings / Cancellations – 06.01 – Prices shown on our platform are indicative only, including VAT at the legal rate for the products. After the traveller sends a request for information via the booking form, MONTOOR informs the final price per person and availability as well as the booking conditions for the product. 06.02- Bookings -MONTOOR is not an instant booking platform (except for products with deposit / guaranteed departures / last minute, marked with “PAY NOW”, booking and seats confirmed immediately). All price and availability information requires validation by email after information/booking request by the traveller (except products marked with “PAY NOW“). Traveller accepts that he/she will only form his/her will to book based on the final information received by email. After the traveller requests information, MONTOOR will confirm the availability and price of the product for the desired period with the partner (when necessary) and, if a booking is requested, will send the payment details and subsequent confirmation of the reservation by email. Confirmation of any booking will always imply payment of the total amount of booking, by bank transfer or other payment method available on the website, to the account indicated on the respective booking voucher sent by MONTOOR to the traveller. The booking will only be confirmed after confirmation of payment by MONTOOR within a maximum period of 24 hours, the period in which the partner blocks the places so that the booking can be made. After receiving payment, MONTOOR will send the partner the necessary traveller data as proof of booking BY EMAIL. After confirmation of the booking, any changes to the booking conditions, namely, the desired dates for the product, number of travellers, departure/arrival/check-in or check-out times, as well as any request to cancel the confirmed booking, must be requested to MONTOOR via email info@montoor.com by the booking himself/herself, and must respect the conditions referred to in the booking & cancellation policies. The booking conditions and information on the availability of product periods are provided by MONTOOR or its partners and may be changed before the booking is confirmed. In the event of any change in the reservation or availability of a product, MONTOOR will immediately notify the traveler. 06.03- MONTOOR’s cancellation policy is simple and has 9 possible cancellations. It is the traveller’s responsibility to be informed about the cancellation rules, and MONTOOR or its partners are not responsible if the traveller does not read them. Some products have their own cancellation policies. In these cases, the cancellation policies practiced by these products are called “Tailor-made”, and are communicated by email to the traveler in response to the request for information or booking.

07- Availability calendar – Completing the booking form does not imply confirmation.  The dates requested in the booking request will be confirmed by MONTOOR or one of them PARTNERS before the data is sent to the traveller to confirm the booking. The availability of the dates indicated in the product calendar may not be 100% up to date, therefore, MONTOOR or their PARTNERS excludes any liability resulting from this fact (except products marked with “PAY NOW”).

08- How to promote / advertise tourism products (BE LOCAL – are collaborators-owned, non-commissionable products) – All products present on our platform can be promoted/advertised through any means you deem appropriate, whether local, regional or national. If you have a showcase / display / vehicle / etc … you can post MONTOOR products. All PAID international means of communication are not the best way for each country economy, aiming at the development of the national economy and the company / businessman / entrepreneur person. You can use your social media accounts like Facebook, Instagram, Messenger, WhatsApp, etc… as long as there is no so-called “PAID Advertising” or “Sponsored” or other paid publicities terms. Invest more in local, regional or national partnerships 🙂

09- Conditions for Payment of Commissions on Travel Products – AM must have a minimum of €100 to be able to obtain their commissions or they are transferred to the following month(s) until a minimum of €100 is reached (or we send in December, after December 15th, the total commissions by bank transfer or to the Montoor points account, at the affiliate’s request). AM must send all payment requests (invoice-receipt, invoice or isolated act), without fail, within 5 working days after receiving the total commissions amount sent by MONTOOR. If there is no response by email from the AM, MONTOOR will transfer the payment and total commissions to the next month (up to a maximum value of €3,000). For “BE LOCAL” products, from collaborators, we promote some local/regional/national products or services, no commissions. Every discount on these products go to traveller. For travel products, from MONTOOR BRAND or PARTNER BRAND, you can win up to 10% commission by month. You can receive commissions document information before your inscription, for that, you need to fill the form on pop-up. Or you receive the document after registration, only if you don’t ask for them before.

10- Privacy and Cookies Policy – To know our Terms / Privacy & Cookies, click on the link.

11- Ownership of information and right to confidentiality – MONTOOR is the owner of a set of confidential information and trade secrets related to its products. AM confirm and agree that all information on the platform will remain the property of MONTOOR, and to the extent that you are granted access to use the same during this agreement, you will only use this platform within the scope and for the purposes permitted by the agreement. AM will not transfer or disclose the platform to third parties, including other AMs, collaborators, partners or travellers, except in strict compliance with the Terms and Conditions of the agreement, without prior written authorization from MONTOORAfter termination or non-renewal of the agreement, AM will no longer have access to the platform. AM acknowledges and agrees that any breach of this clause will cause irreparable damage to MONTOOR, authorizing us to take legal action, especially on a preventive or precautionary basis. All confidentiality obligations regarding data of MONTOOR, its affiliates, partners & travellers, provided for in this clause, remain in force after termination of the agreement for a period of 5 (five) years. Any breach of these terms will imply payment by the Affiliate of an amount of compensation to be calculated in proportion to the damages or losses, including consequential damages and loss of profits, resulting from the non-compliance or defective compliance with the confidentiality obligations that were incumbent upon him as AM, without prejudice to any criminal liability that he may incur in the event of breach of this same obligation, under the terms of the applicable Portuguese Legislation.

12- Scope of appointment and benefits – MONTOOR grants the entrepreneur/worker/company, by appointing him/her AM, and provided that he/she complies with the Terms and Conditions of the Agreement, the right to support and motivate other people to join MONTOOR in accordance with the rules of this agreement.

13- Use of name and image – AM authorizes MONTOOR to obtain photographs, videos and other recorded content containing the CM product, so that it can be used in various media, such as websites / blogs / social networks / local, regional or national collaborations. AM allows the contents recorded with its product to be used by MONTOOR for any legal purpose, including their use on the internet (WORLD WIDE WEB), in photographs, in other audiovisual materials, in the brochures and advertisements of MONTOOR, its affiliates, partners and collaborators, without any retribution or compensation. AM may cancel this authorization by sending written notice by email to MONTOOR to partners@montoor.com

14- Non-compete agreement –From the moment you are qualified as an affiliate, without prior and/or written authorization from MONTOOR, AM must not initiate or execute any products or services, whether directly or indirectly, that may be considered as competitors of ours or similar to MONTOOR‘s products, and its brands, whether on its own behalf or on behalf of any other person or company using or taking advantage of any confidential information belonging to MONTOOR, its affiliates, partners, collaborators or travelers thereof. AM acknowledges and agrees that any breach of this clause will cause irreparable damage to MONTOOR, authorizing us to take legal action, especially on a preventive or precautionary basis. In case of dispute, the applicable law is that of the Portuguese Republic.

15- APPLICABLE LAW – Any dispute relating to its interpretation and/or execution is subject to the jurisdiction of the Portuguese courts. In the event of a dispute between MONTOOR and a CM, the applicable law is that of the Portuguese Republic. In the event of a dispute, the consumer may resort to an Alternative Consumer Dispute Resolution Entity. More information on the Consumer Portal www.consumidor.gov.pt  ( Law nº144/2015 )

LAST UPDATE – 25/03/2025