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Terms and conditions
General
1. For reservations made through Braziltours/de Reisshop with one of the Dutch touroperators associated with the ANVR, either by e-mail, phone or fax or through a direct link via our webpages, the General Travel conditions of the ANVR are applicable.
2. For reservations made by Braziltours in cooperation with one of her foreign partners the General Travel conditions as underneath are applicable
Article 1. Understandings
These General Travelconditions use the following understandings:
1. The tour operator: the one who, practicing his enterprise, offers organized travels under own name to the public or a group of travelers
2. The traveler: the adversary of the touroperator
3. The travel agreement: the agreement in which the touroperator engages itself to the adversary to supply an offered and organized (individual) tour including at least one night accommodation or a period of more than 24 hours, as well as at least two of the following services: a/ transportation, b/ accommodation, c/ another, no transportation or accommodation touristic service, which is a significant part of the tour.
Article 2. Realization of the travel agreement
1. the travel agreement materializes by acceptation of the traveler of the offer of the touroperator. This is possible in writing, verbally, by e-mail or through the internet (by clicking on ‘send bookingform’ and ‘send quotation form’). Oral acceptation is binding when traveler states name, address and date of birth.
2. when traveler is under age, a signature of the parents or guardian is necessary
3. the travel offers of the touroperator is not binding and can be recalled at any time. Recalling should be done soonest after acceptance by adversary.
4. After receipt of the bookingconfirmation/invoice a downpayment of 15% should be made within 10 days (with a minimum of € 46 per person) plus the cost of a cancellation insurance.
5. the remainder of the should be received at the latest 6 weeks before departure by the touroperator
6. bookings made within 6 weeks before departure shall be paid immediately in full.
7. in case of no timely payment by traveler, even after summons, the touroperator has the right to undo the agreement. In this case the traveler obligates himself to pay any cost (communication, cancellation third parties etc.) forthcoming. Besides this, article 6 is applicable.
8. all cost, made by the touroperator to collect from the traveler, shall be charged to the traveler
Article 3. Prices
1. Barring exceptions (like car rental) all published prices are per person. These prices include only transportation and services as indicated in the program
2. published prices are based on prices and taxes as known to the touroperator on the day of publication on the internet. For the travel arrangements for Summerseason 2004 calculations are made based on the exchange rates of October 2003, arrangements for 2005 are based on exchange rates of October 2004.
3. In case of in Article 2 mentioned prices, exchange rates or taxes change, the touoperator has the right to change travel prices. These changes shall be communicated on a timely basis to confirmed travelers, but no later than 3 weeks before departure. Any changes shall be published within 48 hours on our internetpages.
4. in case the touroperator, after the final travel agreement, changes the prices with more than 15%, traveler has the right to cancel the booking without costs within 5 days after receipt of this message. In case of cancellation for a confirmed group travel and the touroperator can no longer guarantee the carrying out of the group, all travelers have the right to cancel without costs.
5. in case of cancellation by traveler for in Article 4 mentioned reason, tour operator obliges himself to refund the already paid travel sum as soon as possible.
Article 4. Information
1. Traveler needs to, before and during the travel, be in the possession of a valid passport and, if necessary, visa as well as proof of vaccination. In case traveler cannot travel for the whole or a part of the journey for reason of not having the correct documents, all costs involved are for account of the traveler. Braziltours does not accept any responsibility in such cases.
2. traveler needs to have a valid travel insurance
Article 5. Changes
1. touroperator has the right to change the travel agreement on important items when important circumstances demand such, and will inform the traveler immediately. Traveler has the right to cancel the travel in such case.
2. touroperator also has the right to change the travel agreement on not important items when important circumstances demand such and will inform the traveler immediately. In these cases traveler can only cancel without costs involved upon proof of evidence that the changed part was of great importance to him.
3. the traveler using the right to cancel as aforementioned in Articles 1 and 2, can only do so in writing within 48 hours after receipt of the change. Touroperator shall refund the (partially) paid travel sum immediately.
4. touroperator is obligated in case of changes as described in Articles 1 and 2, to offer an equivalent alternative
5. when traveler wishes to change a confirmed travel, a fee of €45 per change shall be charged and a new travel sum will be in force. In addition to this, all costs (transportation, accommodation, local agents) charged to the touroperator in connection with a change, shall be charged to the traveler. Changes within 3 weeks before departure are subject to the cancellation policies in Article 6.
6. In place of. In case traveler or one of the participants is prevented from traveling, this person(s) can, upon request, be replaced by another traveler if all conditions are met and the request is done at least 14 days before departure. In such case all parties involved (airlines, hotels, local agents) have to agree. All costs involved will be charged to traveler, increased by €75 charged by Braziltours.
Article 6. Cancellation
In case traveler cancels, the following amounts are applicable:
· upto 6 weeks before departure: the down payment
· between 6 and 4 weeks before departure: 25% of the travel sum
· between 4 and 2 weeks before departure: 50% of the travel sum
· between 2 and 1 week before departure: 75% of the travel sum
· within 1 week before departure or later: 100% of the travel sum
Most airlines have their own terms and conditions for cancellation. Depending on the fare basis this can vary from an amount of €100 to the full fare. These costs are available upon request. For some accommodations and local agents the costs may vary.
In spite of the reason of cancellation, arrangements/accommodations in the Carnaval period in Rio de Janeiro, Salvador, Recife and other large cities, a 100% cancellation cost is applicable.
Article 7. Obligations of the touroperator
1. The touroperator is obligated to execute the travel agreement according to the reasonable expectations of the traveler. The execution of the travel shall be judged by local standards, techniques, limitations and habits of the specific destination
2. The touroperator is not responsible for no or bad execution of the travel, as far as the shortcoming is not the fault of the touroperator, nor according to Dutch law nor to Dutch general opinion.
3. The touroperator is obligated, according to circumstances, to give assistance to traveler in case his travel is not executed to the reasonable expectations of the traveler. In case the origin of such is the blame of the traveler, the touroperator is only obligated to assist the traveler as can be reasonably expected. All costs involved in this case will be charged to the traveler. The costs involved will be for the touroperator when the shortcoming in the execution of the travel is the blame of the touroperator.
Article 8. Obligations of the traveler
1. Traveler is obligated to live up to all indications of Braziltours and her partners to promote a good journey. Traveler agrees to this upon reservation, also when he denies the right to read this information. Traveler is responsible for damages caused by unallowed behaviour and/or neglectance.
2. A deposit for damages to rented objects (apartment, hotel, car) needs to be made upon arrival/renting of a car, by means of a valid credit card, to which all damages shall be charged in case of damage. This deposit will be refunded in full when no damages have occurred.
3. Traveler needs to check with the local agent approximately, but no later than, 72 hours before the return travel, if time changes have occurred. In case there is no local representative, contact should be made with the airline directly.
4. The traveler who, due to misconduct or bad behaviour, endangers the execution of the journey, can be excluded by Braziltours or its local representatives from further traveling. All costs pertained to such exclusion shall be for the traveler.
Article 9. Complaints
1. Traveler is obligated to submit complaints about shortcoming in travel in writing to our local representatives or agent, who shall look for a suitable solution. Complaints about accommodation should at first be reported to the hotel/apartment, when no satisfactory solution is offered by the accommodation, our agents should be contacted.
2. Complaints like in Article 9 sub. 1 should be reported in writing to Braziltours no later than 3 weeks after returning, accompanied by a copy of the report to the local representative/agent.
3. In case it is not possible to submit a complaint because of a representative not being present or reachable within reasonable distance, the complaint should be reported to Braziltours by means of fax, e-mail or telephone, who will do their utmost to find a solution. When this complaint is not being taken care of the proper way, a written complaint should be sent to Braziltours in Woerden at last three weeks after returning. Complaints received after 3 weeks can not be handled.
4. When the complaint is not solved to satisfaction, traveler has the right to file a law suit at the applicable instances upto a maximum one year after the travel.
Article 10. Liability
1. The touroperator can not be held responsible for the insufficient execution of the travel, in case the insufficient execution is caused by the traveler
2. when the touroperator is responsible for damages as described in Article 7.1, this responsibility shall be limited or dismissed according to international laws. Responsibility shall also not be accepted for damages which can be claimed on cancellation or travelinsurances.
3. In case the touroperator is responsible towards the traveler for deprived joy of travel, the compensation shall be limited to a maximum of one time the travel sum.
4. The responsibility of the touroperator for damages accurred to the traveler exercising his profession shall be limited to a maximum of one time the travel sum.
5. Obvious mistakes and errors in the travelprograms or the internet or other publications are not binding.
Article 11. Stichting Garantiefonds Reisgelden (SGR)
Our company is a trade name of de Reisshop and as such affiliated with SGR. Within the limts of the SGR guarantee arrangements, all travelarrangements as published on the internet ressort under the SGR guarantee. The SGR guarantee contains that traveler is assured that prepaid money will be restituted in case adversory cannot execute due to financial impecuniosity. In case the agreement also encompasses the (charterflight)transportation and the destination already is reached, the SGR will take care for the returntravel.
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