1. General Terms and Conditions of Travel, Scope
The entire legal and contractual relationship between Etours Brazil Ltda Me (hereafter referred to as “Tour Operator”) and the Traveler (hereafter referred to as “Customer”) shall be subject to these travel terms and conditions.
2. Deposit & Down Payment
To confirm arrangements, a deposit for each tour booked of 30% of the total cost (if not otherwise agreed, depending on the type of trip). The remaining part of the travel price shall be due and payable upon request but no later than 60 days before the tour starts, provided, it is definite that the package tour will be performed, and, in particular, can no longer be canceled pursuant to section 3.a.
For bookings that should take place within 60 days prior to departure or for reservations with special conditions (for example special offers, special periods such as New Year's Eve and Carnival, etc.) the full amount must be paid at the time of the booking.
The agreed amount should be fully paid, without any deduction for bank charges, and/or any other commission on remittances, etc. Payments must be received in full into our bank account and all bank charges from your bank or credit card are your responsibility
3. Termination of Contract by Customer, Rebookings
a. The Customer may terminate the travel contract at any time before the start of the package. The significant date for the entry of the notification will be the receipt by the Tour Operator. It is recommended to notify a termination in writing or electronically (by email).
b. If the Customer terminates the travel contract, the Tour Operator is entitled to require an appropriate termination fee for all travel services provided and its expenses. The Tour Operator has specified reasonable standardized termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative
deployment of the travel service in percentage of the travel price adjusted to the Customer’s time of termination:
- up to 60 days before the tour start date, a fee equal to the down-payment of 30 percent
- 59 to 28 days before the tour start date, 40 percent
- 27 to 15 days before the tour start date, 70 percent
- 14 or less days before the start of the tour and in the event of a no-show, 100 percent of the travel price.
- No reimbursement will be granted to those who do not show up at the start, and or will renounce during the trip.
- No refund will be given for any unused service after the trip has started.
- No refund will be given for New Year and Carnival trips.
In the event of any refund all banking fees and/or deductions of any correspondent bank which might occur, will be counted on your account.
All administrative & banking service fees will be forfeited in all cancellation cases upon service confirmation.
c. The Tour Operator reserves the right to demand a specifically calculated, possibly higher compensation instead of the flat rates mentioned in paragraph b. of this Section and will in this event specifically quantify and document the compensation demanded, taking into account the expenses saved and any other use of the travel services.
d. The Customer is strongly advised to purchase comprehensive travel insurance which includes a suitable level of cancellation cover.
e. Changes with regard to the travel (Rebookings): Rebookings are generally possible however they will always be at the discretion of the Tour Operator. Rebooking charges and fare differences may apply and the Tour Operator will inform the Customer of those before the rebooking process has been confirmed. The Customer has no legal entitlement to rebookings.
4. Obligations on the part of the Customer, Remedies; Setting of Deadlines before Termination of Contract by Customer
a. The Customer is required to notify the local tour representative or the Tour Operator himself of any lack of conformity which he perceives during the performance of the travel package without undue delay and request remedies from the respective person within 24h. The Tour Operator will provide the Customer with an emergency telephone number in the travel confirmation. If the Tour Operator could not remedy the lack of conformity of the package travel because the Customer culpably omitted its duty to submit the necessary information, the Customer is not entitled to claim damages. If the Customer requests remedy, the Tour Operator shall remedy the lack of conformity, unless it is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. It may provide remedies in the form of a substitute service of a similar or a higher value. If the Tour Operator is entitled to decline the remedy of the lack of conformity and if the latter concerns a significant proportion of the travel services, he shall provide remedy by offering a suitable alternative arrangement of travel services.
b. Where a significant portion of the travel services cannot be provided as agreed in the package travel contract, and, if the Tour Operator has failed to remedy it within a reasonable period, the Customer may terminate the travel agreement. The Customer is not required to set a period if remedies have been refused by the Tour Operator or an immediate remedy is necessary. If the Customer terminates the travel contract, the Tour Operator remains entitled to the travel price concerning all travel services provided and such services to be provided to finish the travel. With regard to any travel services which are no longer to be provided after the termination, the Tour Operator is not entitled to the agreed price; any payments of the Customer on the price shall be refunded immediately.
5. Limitation of Liability
The Tour Operator acts only as an organizing agent of: tours, attractions, hotel reservations and accommodation, restaurants, meals and services, guided tours and transportation of any kind, and can not be held responsible in any way for injuries, losses, damages, accidents, delays or inconveniences that may occur either due to defects, or as acts of government or other civil authorities (wars, civil unrest, strikes, etc.) or from any cause beyond the control of the Tour Operator. The Tour Operator assumes no responsibility for the loss or additional expenses in case of delays or changes to the program or other causes. The Tour Operator and its suppliers reserve the right to cancel or reschedule each tour departure in accordance with the regulations in place. Flights and hotels will be reconfirmed after payment. In the event that the services offered are no longer available, we will proceed with the booking of equivalent services. In cases of extreme necessity, we reserve the right to change the sequence of destinations or make slight changes to the itinerary. Of course, we would keep everything described as included. In the Amazon and Pantanal tours are organized through predefined itineraries, which are subject to change.
a. Luggage
All luggage travel under the direct supervision and the sole responsibility of the owner and the agency can not under any circumstances be held responsible for any loss or damage of the same. Carriers are liable to travelers for the duration of the transport by their own means, in accordance with their own terms and conditions of carriage.
b. Complaints
In case of any complaints related to the services received, the customer is asked to immediately contact the agency so that there is evidence of the inconvenience complained and you have the opportunity to remove it promptly. Complaints will be accepted only if forwarded within 24 hours of the occurrence of the inconvenience. Any late complaints or complaints made after the end of the stay will have the value of a simple report.
c. Passport and Entry Visa
Your passport must be valid for at least six months following your entry date to your travel destination. It is your responsibility to ensure that you have a valid passport and visa and that all travel documents are valid for travel. If the travel package includes domestic flights, a valid document for the trip must be presented at the time of booking. Airlines do not accept change of documents after purchase. Specific passport and visa requirements, and other immigration requirements, are the responsibility
of the Customer and the Customer should confirm these with the relevant Embassies and/or Consulates. Any information supplied by the Tour Operator on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but the Tour Operator does not accept liability for any decisions made based on the information supplied. The passport, visa and health requirements at the time of booking can be viewed on official websites of the relevant countries.
d. Travel Insurance
Travel insurance is not included in our tour prices. It is the passenger’s responsibility to verify whether his/her local health insurance carrier provides coverage while traveling. Please contact your insurance carrier for details.
6. Minimum number participants
Unless otherwise specified a min. number of 2 (two) participants is required for trips to take place. If the minimum number of participants is not achieved, the trip will not be carried out, and you will be informed of this at least 30 days before departure. A possible alternative program can be worked out.
