General Terms and Conditions
1.1 Aventura do Brasil Viagens Ltda., registered in the Embratur (Brazilian tourist information) under the number 24.040096.10.0001-0, and in the registry of legal entities at the tax office with the tax number 12.621.802/0001-06 (hereinafter referred to as "Aventura do Brasil"), is offering services in the tourism sector, including the mediation between vendors/service providers and consumers (hereinafter referred to as "Customers" and together with Aventura do Brasil as "Contractual Partners") as well as additional activities in connection with the above mentioned services. The General Terms and Conditions (definition see below) were prepared in compliance with the Federal Constitution as of 1988, the Civil Code as of the year 2002, the Legislation on Consumer Protection as well as the Regulation no. 7.381/10 (Law on tourism).
1.2 This document corresponds with the General Terms and Conditions and regulations regarding contract conclusions, applicable to contracts for services in the tourism sector - including acting as an agent for placements - for the services (hereinafter referred to as "General Terms and Conditions") rendered by Aventura do Brasil to our customers in accordance with the specific terms and conditions agreed upon between the Contractual Partners (hereinafter referred to as "service").
2 Agreement with the Terms and Conditions
2.1 Acceptance by the Customer of offered services is deemed to be an acknowledgment of the General Terms and Conditions, based on which both sides shall enter a contractual relationship. Any additional conditions or conditions deviating from General Terms and Conditions are valid only to the extent that they have been expressly accepted by the Contractual Partners.
2.2 The General Terms and Conditions constitute an integral part of the contracted scope of services covering all Customers who are planning to, have applied for or concluded a service contract in the tourist sector - including placements - with Aventura do Brasil. They supersede any previous agreements, arrangements, undertakings or proposals, written or oral between the Contractual Partners.
2.3 The contract for the services can be formed through the use of means such as email, telephone or fax, depending on the possibilities of the Contractual Partners.
3 Liabilities of Aventura do Brasil
3.1 Aventura do Brasil undertakes to duly deliver the contractually agreed services to their Customers. Therefore, before a contract is concluded, a consultation regarding the services shall take place to better establish which services are suited to meeting the Customers' requirements.
3.2 Aventura do Brasil is not liable for additional and/or independently booked travel services, which the Customer has contractually agreed upon with third parties and which he/she concludes or concluded during the travel, as these services are not included in the scope of services under this Agreement.
3.3 The Customer is not obligated to participate in the full program or the entire trip that is the object of the services. However, if he/she decides to waive certain elements of the contractually agreed services, no right to a refund or compensation is established.
3.4 In case of force majeure, or other unforeseeable circumstances (including - but not excluding - actions of third parties), Aventura do Brasil shall make every effort to render the contractually agreed services all the same or to provide similar services, so the travel can be concluded according to the contractual conditions, without any additional costs incurring or claims being brought against Aventura do Brasil.
4.1 Bookings must be made in writing, either by email or by fax. After the binding booking, the Customer is obliged to pay the total agreed travel costs (hereinafter referred to as “Costs”) for the services to be provided as follows:
20% of the travel costs shall be due upon sending the invoice - the booking shall be confirmed and binding by sending the invoice. The rest of the amount shall be due 4 weeks prior to commencement of the travel. After receipt of the complete amount of the invoice, Aventura do Brasil shall send you the complete set of vouchers for your booking.
4.2 The service price that may be indicated in Aventura do Brasil’s advertisements shall be guaranteed during the entire period of time agreed upon for the legal sales transaction and shall be limited to the availability of each product. However, the prices may vary depending on the individual case, including - but not limited to - fluctuations of the exchange rate, an increase in travel and accommodation costs taking account of the nature of the services and the regulations under item 4.2.1.
4.2.1 If during the time span between
(a) the acceptance of the services which must take place 4 (four) months prior to the commencement of the travel at the latest, and
(b) 20 (twenty) days prior to the commencement of the travel a change in the agreed costs of more than 5 % (five percent) has been established, the Customer shall be free to either
(i) accept the increase in costs and pay the additional costs within 5 (five) workdays, or
(ii) cancel the booking, which shall entitle him/her to a refund of the earlier payments.
4.3 Unless otherwise stipulated in the particular conditions for the tourist services, the following costs and expenses are not included in the price and therefore must be borne by the Customer:
(i) optional excursions/trips;
(ii) excess luggage;
(iii) possible airport fees,
(iv) costs regarding visas, permits, authorizations, etc.;
(vii) possible room taxes and
(viii) personal add-on options such as meals, drinks, laundry service, telephone, sending a telegram, tips, etc.
5 Documents and records
5.1 The necessary documents and records vary depending on the entry and exit regulations of your respective departure or destination country. Clarification of this matter is alone in the responsibility of the Customer, who at an appropriate time before commencement of the travel has to prepare the necessary documents and paperwork. This includes the following: Valid passport and a valid visa (if applicable) depending on the individual case, vaccination records and documentary evidence of health insurance. If the Customer cannot take part in the entire or parts of the travel because the Customer fails to submit documents requested by the government agency, airline or any other authorities, the Customer shall not be entitled to any refund of the earlier payments or purchased services. That means that the Customer is liable for all detriments and losses which are due to his/her negligence and therefore must bear the costs.
6.1 In the event, the customer has reason to complain during the trip or discovers any problems in connection with travel services, the Customer must always immediately notify Aventura do Brasil (email and emergency telephone number are indicated on the voucher) and give a detailed report of the issues of complaint. If all information submitted by the Customer is in accordance with the facts, Aventura do Brasil shall make every effort to resolve all the issues described by the Customer as fast as possible.
6.2 If necessary measures relating to resolve or eliminate possible problems with the services as mentioned above are not taken by Aventura do Brasil, the Customer may present a written claim duly reasoned, accompanied by appropriate supporting documents, within a period of 90 (ninety) days after the actual occurrence of the cause for complaint for processing in compliance to the existing legislation. Otherwise, after the mentioned deadline has expired, it shall appear that the contractual relationship was not affected by any shortcomings and thus according to the agreement. Therefore, Aventura do Brasil shall be exempt from all claims and liabilities in terms of the existing legislation.
7 Cancellations and refunds
7.1 Possible cancellations by the Customer of the agreed services that cause the cancellation of the current booking must be carried out in writing and shall result in cancellation fees. The following percentages of the billable amount are payable, depending on when the order is canceled:
(i) Up to 45 days before commencement of travel the cancellation fee shall be 15 % of the price.
(ii) 44 to 31 days before commencement of travel the cancellation fee shall be 25 % of the price.
(iii) 30 to 14 days before commencement of travel the cancellation fee shall be 50 % of the price.
(iv) 13 to 7 days before commencement of travel the cancellation fee shall be 75 % of the price.
(v) 6 days before commencement of travel the cancellation fee shall be 85 % of the price.
(vi) For no show the cancellation fee shall be 95 % of the price.
7.1.1 The cancellation fees mentioned in the preceding paragraph do not refer to airfares. For booked flights the cancellation regulations of the respective airline shall apply, including, but not limited to the corresponding cancellation fees and percentages.
7.2 The deadlines and percentages listed above may change, if other contractual arrangements were made in form of particular conditions regarding the contractually agreed services, or if, depending on the individual case, additional costs in connection with the cancellation incurred to be borne by Aventura do Brasil, including, but not limited to additional taxes or costs for a bank transfer from abroad.
7.3 In case of a partial or entire cancellation of the agreed services with Aventura do Brasil involving tourists from abroad (according to the definition by the Central Bank of Brasil) the refunds of the earlier payments shall exclusively be carried out with foreign payment orders (i) after deduction of related applicable cancellation fees and (ii) upon presentation of proof of payment abroad initiated by the Customer in his/her name, or a legally comparable proof issued by the respective bank. Refunds shall be subject to compliance with the submission of these documents. Otherwise there shall be no refund. The provisions of the capital market and international capital regulations issued by the Central Bank of Brasil shall apply.
7.4 A Customer who interrupts the continuation of an organized group trip due to failure to comply with the deadlines and by not keeping to the schedule shall first receive a written warning and if it should happen again, shall be excluded from the group. The right to compensation or refund shall be excluded in such case. He/she shall bear all costs and detriments in connection with his/her misconduct.
8 Hotel prices per day
8.1 Aventura do Brasil shall not be liable for the payment of additional fees in respect to daily rates, early check in or late check out for a room, if no other contractual arrangements were made in form of particular conditions regarding the contractually agreed services.
9 Final recommendations
9.1 Aventura do Brasil recommends to the Customer to comply with the regulations, rules and instructions of the respective travel association, hotels, transport companies and to observe the statutory regulations and immigration laws of your destination.
9.2 Aventura do Brasil also recommends that the Customer should not wear any jewelry or carry around any other kinds of valuables and/or large amounts of cash. In the event of robbery, theft and/or loss during the travel, the customer alone shall be entirely responsible for the consequences, damage/loss or detriments.
9.3 Customers suffering from severe illness, or with cardiac pacemakers or ventilation equipment are required to notify the competent authorities or service companies that provide the transport, accommodations, and excursions or day trips. The participant concerned may only travel with a valid medical and travel insurance.
10. General place of jurisdiction
10.1 As general place of jurisdiction both sides shall select Florianópolis, Federal State of Santa Catarina, Brasil, for resolving differences arising from the General Terms and Conditions in connection with contractually agreed services and shall expressly refrain from other authorities with judicial status even if it was more suitable and qualified.
If a customer uses the services of Aventura do Brasil, he/she shall automatically express his/her complete agreement with the General Terms and Conditions.
Aventura do Brasil Viagens Ltda.
Avenida Rio Branco, 404, torre II, sala 1203
Santa Catarina - Brazil
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