Adventures in Brazil, LLC
Terms and Conditions
THESE ARE THE TERMS AND CONDITIONS WHICH WILL APPLY TO YOUR BOOKING. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
These Terms and Conditions govern the relationship between you and Adventures in Brazil Inc. doing business as Adventures in Brazil. By booking a trip, you agree to be bound by these Terms and Conditions that outline, among other things, the cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, or on the website (www.adventuresinbrazil.com) or by email or facsimile with Adventures in Brazil or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices. The Company or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with Adventures in Brazil, “the Company”, which sells the tours described on the Company website or through its “Agents” who sell the Company’s tours through an agreement with the Company. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
The Company must be notified in writing at the time of booking of any medical conditions, pregnancy, physically challenged conditions or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the client being refused travel. Failure to notify the Company of any such condition that results in cancellation will result in 100% cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment.
3. AIR TRANSPORTATION
International flights are not coordinated by Adventures in Brazil; travelers are required to book international travel arrangements independently. Adventures in Brazil can provide you with a referral to our preferred purveyor of air tickets upon request. Cost, coordination, and booking of in-country flights in Brazil will be provided by Adventures in Brazil or one of our suppliers.
Tour rates include the transport and handling of two pieces of luggage per person per airline regulations:
- Hand luggage or a backpack carried inside the plane, not to exceed 5 kg = 11 lbs in weight or and 115 cm = 45.3 inches in size
- One piece of luggage with no more than 23 kg = 50.6 lbs and and 158 cm = 62.2 in.
Adventures in Brazil recommends that each guest travels with only one medium-size suitcase due to strict luggage restrictions within Brazil; details are provided in tour documentation. Luggage and personal effects are at owner's risk throughout the tour.
Adventures in Brazil tour fees include hotel taxes as imposed by city and state governments, entrance fees to national parks and local attractions (per specified tour descriptions), and airport taxes for in-country flights. International airport taxes are not included.
Not Included in or Tour Rates:
Adventures in Brazil travelers are responsible for the cost of obtaining passports, visas, travel insurance, excess baggage charges, items of a personal nature (toiletries and medicine), all food other than the breakfast meal (drinks, lunch and dinner), laundry, communication (calls, faxes, emails, etc.), international airport departure tax (to be paid in U.S. dollars or acceptable foreign currencies), deviations/side trips from the tour, and gratuities to tour leaders, drivers, and local guides.
Travel Insurance which provides protection against lost or damaged luggage is highly recommended. Check with your travel agent or ask the Adventures in Brazil representative if you need a recommendation on where to obtain such insurance.
6. DEPOSIT REQUIREMENT
A USD $500.00 is required at the time of booking. The remaining balance is due 90 days prior to departure. If booking 90 days or less prior to departure, full payment is due.
7. CANCELLATION BY THE CLIENT
Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable.
Cancellation for Adventures in Brazil trips: The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance. All cancellations will forfeit the USD $500.00 tour deposit.
- Cancellations 89-60 days prior to departure: 20% of the total retail tour cost
- Cancellations 59-30 days prior to departure: 50% of the total retail tour cost
- Cancellations 29 days prior to departure or less: 100% of the total retail tour cost
8. CANCELLATION OF A TOUR BY THE COMPANY
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control (excluding Expedition Trips – refer to Expedition Ticket/Contract). When a tour is cancelled by the Company, the Client may choose between a full refund of all monies paid or at the Company’s option any alternative tour offered by the Company at no extra cost. The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where a significant element of the trip cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to force majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include a change of airline carrier, flight time tables or itineraries provided the departure and arrival dates remain unchanged, the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category.
9. UNUSED SERVICES:
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
10. PRICES AND SURCHARGES:
No price increases will be made to a booking 30 days or less before departure. The Company reserve the right to impose surcharges (price increases) up to 30 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. The Company will absorb 2% of any such surcharge. If the surcharge/price increase is for more than 2% then the whole increase will be charged. If any surcharge results in an increase of more than 10% of the tour cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights). Cancellation requests must be received in writing.
11. WEBSITE VALIDITY:
Adventure in Brazil trip prices on this website are based on rates and costs in effect at time of posting on the website. The Company reserves the right to alter prices.
The Client appreciates and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
13. CALIFORNIA SELLER OF TRAVEL ACT
Adventures in Brazil transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.
Transactions purchased by passengers from outside of California are not covered by the California Travel Consumer Restitution Fund.
Adventures in Brazil, LLC, its employees, shareholders, officers and directors (collectively as "Adventures in Brazil LLC") do not own or operate any entity which is to or does provide goods or services for your trip, including, lodging facilities, transportation companies or without limitation, various entities which may utilize the Adventures in Brazil name guides, entertainment, food or drink service providers, equipment suppliers, etc. As a result, Adventures in Brazil is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, Adventures in Brazil is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.
Without limitation, Adventures in Brazil is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or safari operator, local ground handler or guide, whether or not it uses the Adventures in Brazil name, financial default or insolvency of any supplier and/or restaurant which is, to, or does supply any goods or services for this trip. Similarly, Adventures in Brazil is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking of accommodation, default of any third party, injury or death while on activities sponsored by lodging facilities or by other third parties, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, or the threat thereof, force majeure, war, quarantine, epidemics, or the threat thereof, criminal activity, or any other cause beyond its control.
Baggage is at "owner's risk" throughout the tour unless insured (this was already covered above). Adventures in Brazil reserves the right to alter or cancel the itinerary, at Adventures in Brazil’s sole discretion, as it may deem necessary or advisable. Adventures in Brazil reserves the right to decline to accept or retain any passenger on any of its tours if, in its sole discretion, it deems accepting or retaining any such passenger as being detrimental to the tour. In the event any passenger is removed from a trip, Adventures in Brazil do not have any obligation to refund to that person any payment allocable or unused services.
Air arrangements in Brazil are based on airfares, which are subject to change. Rates may vary accordingly. Sample airfares are Special/Promotional Fares and cannot be combined with any other promotional fares or offers. Should you cancel or change your air reservation before or after you depart, cancellation penalties may apply. All airfares and conditions are subject to change.
Airline flights booked by Adventures in Brazil are occasionally subject to overbooking, delay or cancellation. If this occurs, Adventures in Brazil will use its best efforts to assist clients in finding alternative arrangements. Adventures in Brazil, however, is not responsible for any such events and the costs associated therewith.
Photography: Adventures in Brazil may take photographs or film of its trips and trip participants, and participant grants Adventures in Brazil express permission to do so and Adventures in Brazil to use such photographs or films for promotional or commercial use.
Changes in the Responsibility clause can be made only in writing signed by an officer of Adventures in Brazil.
Any and all disputes arising out of or relating in any way to these Terms and Conditions, to Adventures in Brazil’s brochures or any other of its literature or sales presentations, to this website, or any other information relating in any way to your trip with Adventures in Brazil, or to the trip itself, shall be resolved solely and exclusively by binding arbitration according to the then current commercial rules of the American Arbitration Association. Any such arbitration will take place in San Francisco, California. In any such arbitration, the substantive (but not procedural) law of San Francisco will apply.
16. AUTHORITY ON TOUR
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Adventures in Brazil at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
17. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE):
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Company.
Adventures in Brazil is unable to accommodate children under 12 years of age at the date of travel and reserves the right to restrict the number of those under eighteen years of age.
Each child under the age of eighteen must be accompanied by an adult over the age of twenty-one. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Carrier prior to sailing.
20. GENERAL PROVISIONS
Adventures in Brazil is not liable or responsible for the accuracy or completeness of any information provided on its website. We assume no liability or responsibility for any damages arising from a visitor's use of, or inability to use, a site. The contents are provided as general information only and are not intended as travel or tourism advice. Adventures in Brazil makes no warranty, either express or implied, regarding the completeness, accuracy, or currency of this information or its suitability for any particular purpose. Some of the information or material on this site may be affected by current legislative, regulatory, judicial, or other developments which are not reflected here; you should not rely solely on the information on this site, but should confirm that it remains complete and correct before relying upon it.
In addition, our website may contain hypertext links to other websites. Such links are provided for your convenience and are not intended as an endorsement by Adventures in Brazil of the organizations operating those sites. Adventures in Brazil is not responsible for the information those sites contain, nor their privacy practices.
Adventures in Brazil may also post material prepared by other organizations and individuals not employed by Adventures in Brazil for informational purposes.
Adventures in Brazil does not necessarily agree with the opinions expressed in such material and we are not responsible for the completeness, accuracy, or currency of the information.
Adventures in Brazil reserves the right to alter the content of any of its sites and to terminate a site at any time without notice.
21. LINKING TO US
Adventures in Brazil copyrighted text and files may not be uploaded to other websites, news groups, or electronic mailing lists without special permission. Instead, other sites are encouraged to link to our web pages. While permission is not required for linking to our sites, we do ask that you send us a courtesy notice informing us that a link is being established.
The logos displayed on this website are registered and unregistered trademarks of Adventures in Brazil, its grantees, and others. Your misuse of the any of the logos displayed on the Website, or any other content on the website, is strictly prohibited.
23. COPYRIGHTS AND REUSE PREMISSIONS
Copyright in the text materials contained in this website is owned by Adventures in Brazil. The text materials contained in this website may be used, downloaded, reproduced, or reprinted, provided that this copyright notice appears in all copies and provided that such use, download, reproduction, or reprint is for non-commercial or personal use only. The text materials contained in this website may not be modified in any way.
You can obtain permission to use our content by emailing the Adventures in Brazil at firstname.lastname@example.org. Please include the title, author, web address, and how you plan to use the reprint. Permission is not required for sending a copy of a publication to colleagues.
All rights in photographs, illustrations, artworks, and other graphic materials, whether on the site, or in the documents on the site, are reserved to the copyright owners (licensors). Prior permission to use, download, reproduce, or reprint any photograph, illustration, artwork, or other graphic material must be obtained from the copyright owner, regardless of the intended use. These images may not be modified in any way.
Any use of Adventures in Brazil name or the text or graphic materials contained in this website in any manner to express or imply endorsement, sponsorship, affiliation, or association of the user with or by Adventures in Brazil is strictly prohibited.
If you have questions about establishing a link to our site or reuse permissions, email the Adventures in Brazil at email@example.com.