The Terms & Conditions stipulated in the present document were formulated under the guidance of the Código de Defesa do Consumidor, from Decreto 84.934/80 and the Regulations of Embratur (Organ of the Ministry of Tourism, Brazil) Nº. 161/85.
01. THE CONTRACT BETWEEN THE CLIENT AND BRAZIL ADVENTURE TOURS
a. To secure a booking with Brazil Adventure Tours & Travel Ltda ME (‘Brazil Adventure Tours’), the client must deposit at least 30% of the total amount due for the tour package, not including domestic or international flights. This deposit may be higher than 30%, especially for bookings at peak times such as New Year and Carnaval in Brazil, when hotels demand immediate full payment. Minimum deposit is $200 and this amount is non-refundable. Clients booking by telephone, facsimile or email will be deemed to have read and accepted the Booking Conditions.
b. A booking is accepted and becomes definite only from the date Brazil Adventure Tours has confirmed acceptance and issued a confirmation invoice. It is at this point that a binding contract between Brazil Adventure Tours and the Client comes into existence.
c. The contract is between Brazil Adventure Tours and the Client, being all persons named on the booking form. The person signing the booking form warrants that he/she has full authority on behalf of all the persons whose names appear thereon and confirms that all such persons are fully aware of and accept these conditions.
a. The balance of all monies due must be paid to Brazil Adventure Tours no later than 30 days before departure. In case of non-payment of the balance by the due date Brazil Adventure Tours will treat the booking as cancelled by the Client.
b. In the case of late bookings, (those made within 30 days of the departure date), full payment of the balance is due immediately.
c. Payment can either be made by transferring the total amount of the invoice to one of our accounts, money order, cheque, or by credit card. Brazil Adventure Tours accepts most major credit cards. In the case of a bank transfer, all wiring and transfer costs should be assumed by The Client.
03. CHANGES REQUESTED BY THE CLIENT
Any changes to the original booking must be confirmed by the person signing the booking form. Any costs or charges incurred by Brazil Adventure Tours or levied by our providers as a result of the amendment will be charged to the Client. Whilst every reasonable effort willbe made to accommodate changes and additional requests, their availability cannot be guaranteed.
04. SUBSTITUTION OF CLIENT
If any member of the party is prevented from travelling, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 30 days prior to departure. An administration fee of US$50 will be levied plus any additional costs incurred by Brazil Adventure Tours through providers. Airlines may impose 100% cancellation charges as well as the cost of a new ticket.
05. CANCELLATION BY CLIENT
The Client may cancel the booking at any time provided that the cancellation is communicated to Brazil Adventure Tours in writing. Cancellation charges will be applied as shown below calculated from the day written notification is received by Brazil Adventure Tours. In addition to the charges shown below airlines may impose 100% cancellation charges. All reservations cancelled are subject to a cancellation fee:
Period before departure that written notification is received & cancellation as percentage of the travel package price:
|More than 10 days||50%|
|10 days or fewer||100%|
In case part of a booking is cancelled, the remaining party may have to pay additional charges (e.g. under-occupancy, or single room supplements).
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06. CHANGES AND CANCELLATION BY BRAZIL ADVENTURE TOURS
While Brazil Adventure Tours makes its best effort to operate all tours as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions.
Brazil Adventure Tours reserves the right at any time to cancel or change any of the facilities, services or prices (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
If a major change becomes apparent, the Client will be told at the time of the booking. If a major change becomes necessary after booking, Brazil Adventure Tours will inform the Clients as soon as reasonably possible. When a major change is made the Client will have the choice of accepting the change of arrangements, purchasing any other available tour, or cancelling the tour and obtaining a full refund (provided that the major change is not due to force majeure).
Force Majeure is defined as and includes: an act of war, threat of war, riots, civil strife, industrial dispute, terrorist activities, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by cancellation or rescheduling of flights by an airline, the alteration of airline or aircraft type, or other similar events beyond the control of Brazil Adventure Tours. Brazil Adventure Tours is not liable for any charges in the event of a change (beyond their control) to the departure time or date of a tour, flight or other form of transport.
Brazil Adventure Tours reserve the right to increase the tour cost to take into account the following items: government actions, currency, transportation costs - including the cost of fuel, overflying charges, airport charges and increases in scheduled air fares. If the surcharge results in an increase of more than 10% of the tour cost, the Client may cancel the booking within 7 days notification of the surcharge and obtain a full refund. No surcharge will be imposed within 30 days of departure.
08. CHANGES TO BOOKING AFTER INITIAL DEPOSIT
Charges may apply to modification requested by the client after the payment of initial deposit. This does not include additional services or days in addition to those already paid for in the initial deposit. All changes that disrupt the chronological order of the booking and/or currently booked hotels or services may result in a supplemental booking fee.
09. CLIENT REFUNDS
Any refunds due to the Client will be made in the same manner in which they were paid where possible, and are subject to any service fees, transaction fees, or any other charges that the relevant bank, or other 3rd party service provider, may apply. Credit card payments have a limited time allowed for refunds, usually within 30 days.
10. PASSPORT, VISA AND VACCINATIONS
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventive medicines as may be required for the duration of the tour. Information about these matters or related items is given in good faith but without responsibility on the part of Brazil Adventure Tours. Government Policy towards acquiring a visa changes and vaccinations can change at any time for citizens of different countries all around the globe; it is the obligation of the Client to request information in writing for any visa required for entry into any country in Latin America.
11. AGE, FITNESS AND PARTICIPATION
All Clients are expected to ensure themselves that they are fit and able to complete the itinerary of their choosing prior to booking. Persons over 60 years of age are advised to obtain medical evidence of fitness to travel on their chosen itinerary. No unaccompanied minors (those under 18 years of age) can be accepted on tours operated by Brazil Adventure Tours, however older teenagers may be considered provided they are accompanied by a parent or guardian who accepts full responsibility for them. Brazil Adventure Tours reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of Brazil Adventure Tours employees, tour leaders and agents whilst on the tour with Brazil Adventure Tours. If in the opinion of such person the health or conduct of a Client before or after departure appears likely to endanger the safety, comfort or progress of a tour, the Client may be excluded from all or part of the tour. In case of ill-health Brazil Adventure Tours may make such arrangements as it sees fit and recover the costs thereof from the Client.
12. LOCAL LAWS
All participants in tours operated by Brazil Adventure Tours are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Brazil Adventure Tours of all obligations that they may otherwise have under these Booking Conditions.
13. ILLNESS OR DISABILITY
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeit. If the chosen holiday includes a cruise or excursion or transfer by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the tour but will enable Brazil Adventure Tours to take additional precautions for the Client's safety at such times as may be appropriate.
14. CLIENT COMPLAINTS
If the Client has a complaint about any of the tour arrangements he/she must bring it to the attention of the tour leader or other representative of Brazil Adventure Tours at the time so that they can make their best effort to rectify the situation. It is only if/when Brazil Adventure Tours is made aware of any problems that there will be the opportunity to make any necessary changes to rectify the problem. Failure to complain on the spot will result in the Client's ability to claim compensation from Brazil Adventure Tours being nullified, or at least reduced. Should the problem remain unsolved, a complaint must be submitted in writing to Brazil Adventure Tours within 28 days of the completion of the travel.
15. FLIGHT BOOKINGS
Brazil Adventure Tours will make its best effort to ensure that all flight prices are correct at the moment of quotation. Airlines reserve the right to amend or withdraw fares without prior notice. Once a deposit is paid on an airfare, it guarantees that a booking is being held for you, but it DOES NOT GUARANTEE the fare. The fare can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued. Flight bookings cannot be transferred.
The flight times given by Brazil Adventure Tours are for general guidance only and are always subject to change. Up-to-date flight times will be shown on the tickets. The Client must check the tickets very carefully immediately upon receipt of the latest timings. Brazil Adventure Tours will attempt to inform the Client as soon as possible in the event of any flight alteration. Details of airlines are also subject to change. Such alterations do not constitute a significant change to the travel arrangements and will therefore not be entitled to cancellation without paying the normal charges as a result.
Brazil Adventure Tours cannot be held responsible for any delay to your flight whether this delay is caused by adverse weather conditions, the action of air traffic controllers, airport authorities or (local) governments, the rescheduling of flight times by the airline, mechanical breakdown, strike, industrial action or any other reason.
16. RESPONSIBILITY OF BRAZIL ADVENTURE TOURS
Brazil Adventure Tours accepts responsibility for ensuring that the travel package supplied to the Client is exactly as described in the final version of the travel program the Client will receive upon arrival and that the services all reach a reasonable standard in terms of quality and safety.
Brazil Adventure Tours acts only in the capacity of an agent upon the legal conditions that, while exercising every possible precaution, it is not responsible for injury, sickness, damage, loss, additional expenses, accidental delay, or other irregularities which may be caused either through wilful or negligent acts or omissions made by the companies or individuals providing or engaged in transportation, accommodation or other services related to the accomplishment of the tour, or through natural disasters, social upheavals or other causes.
17. TRAVEL INSURANCE
Personal Travel Insurance is at the discretion of the Client, but is highly recommended for all Clients travelling on a tour organized by Brazil Adventure Tours. It should be an essential part of your travel plans. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own travel insurance. A suitable Travel Insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during travel, and for loss of travel monies through cancellation or curtailment of the holiday for insurable reasons (flight cancellations, extreme weather and such issues). Clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients should satisfy themselves that any travel insurance arranged is what they require and should arrange supplementary insurance if necessary. Travel Insurance is able to protect you against any losses due to any changes that may occur prior to your travels, as well as providing security for the duration of your travels. Travel Guard is one recommended provider - www.travelguard.com
18. DISCLAIMER; NO WARRANTY
The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Brazil Adventure Tours make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Brazil Adventure Tours. All factual and other information, including any opinions, accessible through the Website are provided on an ‘As is, as Available’ basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Brazil Adventure Tours is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from Brazil Adventure Tours or through or from this Website shall create any warranty.
19. LIMITATION OF LIABILITY
You expressly understand and agree that Brazil Adventure Tours will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brazil Adventure Tours has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Website;
(ii) unauthorized access to or alteration of your transmissions or data; or
(iii) any other matter relating to the Website.
20. VISITOR PRIVACY
We recognize that you have an interest in how we collect, retain and use information about you. At Brazil Adventure Tours, we collect certain information about you through the use of "cookies", which are small pieces of information that are stored by your browser on your computer's hard drive. We collect, retain and use information about you solely for the purpose of better understanding our users and their use of the Web Site. We also collect information through the forms you complete when you elect to subscribe to e-mail newsletters. We consider your data to be private and confidential, and we hold ourselves to the highest standards of trust and fiduciary duty in their safekeeping and use. Brazil Adventure Tours will not release information collected about you unless we receive your prior consent or we are required by law to release information to the recipient. With permission, we may use your name and organization description in designated areas of the Web Site and services as well as other marketing materials used to promote Brazil Adventure Tours.
21. CONFIDENTIALITY POLICY
To the extent a password is provided to you for access to a portion of the Website, you agree to keep your password confidential and to notify Brazil Adventure Tours promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.
22. OPERATION OF THE WEB SITE
Brazil Adventure Tours will use reasonable commercial efforts to keep this Website available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Brazil Adventure Tours does not warrant that the operation of this Website will be error-free, that defects will be corrected, or that this Website or the servers that make it available are free from viruses or other harmful components.
23. WEB SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
(a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or
(c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability.
Brazil Adventure Tours will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
24. AMENDMENTS AND MODIFICATIONS
Brazil Adventure Tours reserves the right to amend the information, services, and/or content of this Website, including that related to career opportunities and benefits, at any time without prior notice. The information and materials contained in this Website, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at our Website pages. If you use this Website after we post changes to the terms, you accept the changed terms. Brazil Adventure Tours expressly reserves the right to monitor any and all use of this Website.
Brazil Adventure Tours Logo and Design are trademarks or service marks of Brazil Adventure Tours and may not be copied, used, or displayed without the prior written consent of Brazil Adventure Tours.