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SERVICE AGREEMENT
TERMS AND CONDITIONS
The purchase of tour and travel packages from Vivenciar Turismo complies with applicable current legislation, especially the Consumer Protection Code and EMBRATUR regulations, and is subject to the general terms and conditions specified below.
Vivenciar Turismo, located at Rua o Brasil para Cristo 2170, upstairs, Curitiba – PR, registered under CNPJ 36.708.657/0001 55, registered with CADASTUR under number 36708657000155, which operates as an operator and agency, developing travel packages and programs, and mediating the relationship between its clients (the “Clients”) and its suppliers, responsible for carrying out specific activities related to transportation, hotels, vehicle rental and tourism activities in Brazil (the “Suppliers”).
1. PRODUCTS
Vivenciar Turismo offers its Clients: Standardized, domestic packages that may include air transport, accommodation, transfers, and, as the case may be, other services, duly described in the corresponding Travel Program; collectively known as the “Travel Packages”.
The specifications of the services and products contracted by the Client will be outlined in the itinerary description accepted by the Client at the time of purchase of the service or product.
2.CONDIÇÕES ESPECÍFICAS DOS PACOTES DE VIAGEM
2.1 Price
The prices of Travel Packages and Tours will be valid only for the periods mentioned in the respective promotional materials, advertisements, brochures and quotations, and are subject to possible increases and changes resulting from exchange rate fluctuations, inflation, tariffs applied by order of competent authorities, increased demand, such as during peak seasons, long weekends, events, festivities or celebrations, among other factors.
The prices of the products include solely and exclusively the services expressly specified in the description of the Travel Package or Tour contained in the Tour/Travel Package descriptions.
Exceto se de outra forma especificado no Pacote de Viagem, os preços não incluem serviços como:
(a) excess baggage fee;
(b) tips;
(c) guides in amusement parks and attractions;
(d) breakfast and/or meals served in the apartments;
(e) beverages in general;
(f) expenses of a personal nature, such as laundry, letters, phone calls, among others; (g) expenses for personal documentation, such as passports, visas, identity cards, among others;
(h) expenses for optional tours; and
(i) overnight stays that exceed the specifically scheduled period.
The purchase of the Travel Package and/or tour will be finalized upon payment of the agreed amount via Credit Card or other payment methods accepted by Vivenciar Turismo and its suppliers.
Failure to make any payment on time will result in the charging of interest and possible monetary adjustments, in addition to attorney's fees and court costs, when payment is sought in court.
2.2 Air Transport
Unless otherwise specified in this Service Agreement, the air transport of passengers and baggage shall comply with the terms of the Air Transport Contract.
2.3 Accommodation
The hotels used by Vivenciar Turismo in Brazil are classified according to the Brazilian Accommodation Classification System of EMBRATUR.
In the event that it is impossible to use any of the hotels mentioned in advertisements, brochures, promotional materials or purchased through the issuance of the Travel Package, they may be replaced by another similar hotel of the same category, maintaining the same quality standard and without prejudice to the Travel Package, regardless of the price.
The scheduled check-in and check- out times for the booked hotel rooms will be communicated to the Client closer to the travel date.
It is the Client's responsibility to verify and pay for any extra services charged at hotels, such as: breakfast and/or meals served in the rooms; meals not included in the accommodation or the Package, and beverages in general; as well as personal expenses, including: laundry, letters, phone calls, resort fees, gym, spa, among others, and/or additional charges on the contracted price, which are not included in the Package Conditions and must be paid by the Client directly to the Supplier. These fees are related to the rules of each hotel and to local laws and policies.
2.4 Nutrition
The meal plan at the contracted hotels will follow the modality described in the Travel Package. The meal plan may be:
(a) half board (breakfast and one other meal, either lunch or dinner);
(b) full board (breakfast, lunch and dinner); or
(c) without meals, except for breakfast when included in the hotel rate. Meals will also be provided at the times and in the system ( buffet or à la carte ) defined by the contracted hotels.
Expenses for meals or snacks during the trip, unless mentioned as included in the Travel Package description, will always be the responsibility of the Clients.
2.5 Transfer
Travel packages may include, if specified, transfers on arrival and departure (airport – hotel / hotel – airport), as well as on other routes specifically indicated in the respective travel package or tour, using safe vehicles driven by qualified professionals.
2.6 Activities and Tickets
The activities included in the Travel Package and/or tours will be carried out, and may be carried out in conjunction with other groups of tourists, with no priorities or special treatment.
It will be the Client's responsibility to confirm the return transfer from the hotel to the departure airport directly with the representative at the destination (local reception service).
If it is impossible to contact the local tour operator, the Client must contact Vivenciar Turismo, and failure to appear at the scheduled location and time exempts Vivenciar Turismo from any refund and/or reimbursement that the Client may request.
Os serviços de traslados terão uma limitação de volume de bagagem por passageiro. O excesso de bagagem poderá impedir a utilização do serviço inicialmente contratado, sendo certo que a Vivenciar Turismo estará isenta de qualquer custo, devolução e/ou reembolso que o Cliente possa requerer.
Tickets for attractions such as parks, shows, performances, fairs, and events in general, referred to in this document as "Tickets," are sold by Vivenciar Turismo; however, the specific rules for using each supplier's tickets, which will be provided at the time of purchase, must be observed.
Tickets will be delivered to Clients by Vivenciar Turismo or its suppliers on the day of the trip or tour by the group's tour guide. Tickets will be used on the date(s) and time(s) defined by Vivenciar Turismo, and cancellation, alteration or refund is not permitted, according to the rules established by each ticket supplier.
Tickets are non-transferable, non-changeable, and non-refundable. In the case of park tickets, the usage period for the contracted days will be in accordance with the schedule provided in the tour/travel package description. After the first use (first day of use), the ticket will have a specific usage period, according to the rules established by the ticket providers.
2.7 Use of Images
The client hereby authorizes the contractor to use their image in the promotion of their itineraries and trips on the contractor's social media and website, as well as the disclosure, processing, storage, and sharing of their personal data within the limits and respecting the provisions of Law 13.709/2018.
The contracting party hereby acknowledges and authorizes the sharing of their data, if necessary, with all companies or service providers, including tourist transport companies, tour guides, receptionists, insurance companies, and others within the supply chain, to ensure the faithful fulfillment of the contract.
If you do not wish to receive our promotions and news and/or are interested in having your data removed from our database in accordance with Law 13.708/2018, please contact us via email at vivenciartur@gmail.com
3. PERSONAL DOCUMENTATION
3.1 Domestic Trips
To travel, passengers must present the documents as per ANAC Resolution No. 130, dated December 8, 2009.
(a) For persons over 18 years of age traveling domestically, original ID or nationally valid document (or an authenticated copy of these documents), in good condition, and which clearly identifies its holder, within the validity period, as well as any documents required for carrying out activities included in the itinerary, expressly indicated by the CONTRACTED PARTY.
(b) For children under twelve years of age traveling accompanied by a person with no family relationship: A written authorization is required, signed by the father and mother, guardian or tutor, with signature authenticated by authenticity or similarity. In addition, an original ID card is required or, failing that, an original Birth Certificate.
(c) For minors under 18 (eighteen) years of age, unaccompanied by parents, guardians, tutors or legal representatives with the proper authorization, the CONTRACTED PARTY will not accept them.
(d) For minors to board, they must be accompanied by their parents or legal guardian. If the minor is traveling with only one parent, written authorization from the absent parent is required. The authorization must be in writing and the signature must be authenticated or verified.
(e) For lodging in Brazilian establishments, the child or adolescent must be accompanied by their parents or legal guardian (guardian or tutor). If one parent is absent, we recommend that the absent spouse authorize the lodging. When the minor is to be staying unaccompanied by parents or legal guardian, both must authorize this lodging. The authorizations mentioned here must be in writing, with a signature authenticated by authenticity or similarity, and must be accompanied by an authenticated photocopy of the ID of the person who authorized it.
(f) Kinship Relationship: Only the father, mother, brother, sister, grandparents, great-grandparents, uncles (brother or sister of one of the minor's parents) are considered relatives, provided they are of legal age and prove kinship through birth certificates.
3.2 Pets
The CLIENT who wishes to bring their pet on the trip must inquire with the CONTRACTOR in writing whether bringing the animal is permitted, based on the local legislation. Additional fees specified by the CONTRACTOR will apply.
The costs for obtaining the animal's personal documentation or transport equipment are the sole responsibility of the Client, as is the presentation of this documentation at the time of travel. Failure to meet the check-in times for boarding, as well as the lack of any mandatory identification documents, will result in the cancellation of the reservation and the Passenger's inability to board, without any liability for Vivenciar Turismo or the contracted air or land transport company.
4. CUSTOMER RESPONSIBILITY
Without prejudice to the provisions of these General Terms and Conditions, the Client's responsibilities include:
(a) pay the price set for the Travel Package;
(b) comply with the schedules and procedures established in the Travel Package and any changes thereto;
(c) to confirm service reservations with sufficient advance notice and reasonable time;
(d) follow the instructions received from the Vivenciar Turismo team;
(e) comply with the safety procedures indicated and recommended for boarding aircraft and other means of transport used in travel;
(f) to look after personal belongings, such as money, jewelry, equipment and other items of sentimental or monetary value;
(g) to bear the losses and damages resulting from actions or omissions caused by their fault;
(h) preserve the areas, facilities and equipment that are made available to them during the trip;
(i) adopt procedures that contribute to integration and cordiality among participants and between them and the population of the places to be visited.
(j) Being up-to-date with vaccinations according to local regulations/countries to be visited: the CONTRACTING PARTY must be up-to-date with their vaccination plan, paying attention to the need to present the International Certificate of Vaccination, within its validity period. Some countries and cities require a vaccination certificate against certain diseases (such as, for example, yellow fever, among others). It is important to check what requirements are established for the contracted destination, including for connections and layovers, as far in advance as possible before the departure date.
Failure to comply with any of the above provisions will give Vivenciar Turismo the right to cancel, in whole or in part, the contract signed for the Travel Package or Tour, charging a penalty equivalent to 100% (one hundred percent) of the value of said Travel Package or Tour, and the Client may also be held liable for damages and losses arising from the breach of contract, in accordance with current legislation.
The Client must inform Vivenciar Turismo, at the time of purchasing the Travel Package or Tour, of any limitations or impediments affecting themselves or their family members or companions, due to illness, physical or mental disability, or any other cause that may hinder or impair the Client or require special care during the contracted activity. Vivenciar Turismo will make its best efforts to ensure that the Client, even with any limitations, can participate in the Travel Package or Tour. However, due to Vivenciar Turismo's duty to provide quality, safe, and responsible services, Vivenciar Turismo reserves the right to exclude or remove the Client if the activity is unsafe for them or the group, making the necessary financial adjustments.
5. Loss of Items
It is the Client's responsibility to safeguard their personal belongings, such as money, jewelry, equipment, and other items of sentimental or monetary value.
Vivenciar Turismo is exempt from any responsibility regarding the loss of items that are under the direct responsibility of travelers or third parties. Any items that, under any circumstances, are considered lost by Clients must be claimed by them directly at the locations where the loss occurred or with the competent authorities in that locality.
6. SPECIFIC CONDITIONS FOR CHANGES AND CANCELLATIONS OF TRAVEL PACKAGES OR SERVICES
Any changes and cancellations of travel packages, flights, accommodation, activities and vehicle rentals must always be made in advance by calling 41 998138089.
Cancellation refers to the partial or total withdrawal from the trip and/or contracted services, as well as changes to departure, entry and/or exit and return dates, requested by the Client, for any reason. In these cases, Vivenciar Turismo will be responsible for making financial refunds of the amounts in its possession (deducting agreed penalties, administrative and operational fees, and any losses and damages incurred). If the direct suppliers refuse to make the corresponding financial refund for any reason, the client may, if entitled, claim such amounts from each of the direct suppliers. Regardless, Vivenciar Turismo is also responsible for making efforts to benefit the client by communicating with these direct suppliers. To this end, it will contact them in order to request possible financial refunds, less unavoidable losses and damages. The result of this attempt will be communicated to the client.
If the client signs the contract less than 15 days before the start of services, they will not be entitled to cancel or withdraw from the contract. Failure to appear at the time and place scheduled for the start of services, arrival after the service has begun, or any other similar event constitutes a withdrawal from the contracted services. Governmental or regulatory actions, or health situations, also fall under this category. Cancellation by the client after the start of the trip, which will also constitute a breach of contract, will be the sole and exclusive responsibility of the client.
7. CHANGES TO TRAVEL PACKAGES OR SERVICES BY THE CLIENT
Any changes to the Travel Package by the customer will subject the customer to a penalty equal to the originally contracted amount.
For changes to only one component of the travel package (air transport or accommodation, activities or rental), the aforementioned penalty applies to the value of that component. If a change to one component affects other components of the Travel Package, the penalty will be applied to the total value of the Package.
In addition to the sanctions established above, the Client will be responsible for any fines charged directly by the hosting service provider and for other contracted services that are subsequently modified.
8. CANCELLATION OF TRAVEL PACKAGE OR SERVICES
8.1 At the AGENCY's initiative:
8.1.1 For technical/operational reasons, the company reserves the right to make any necessary changes to itineraries, hotels, services, and other aspects. This will not prejudice the client. If necessary, the departure date may also be changed to ensure the smooth running of the service and the safety of the participants. The client will be informed of the changes and given the option to accept them or cancel their reservation with a corresponding refund.
8.1.2 Vivenciar Turismo reserves the right to cancel the activity if the minimum number of participants is not reached, due to unfavorable weather conditions, or if technical or operational reasons arise that prevent the full execution of the activity, the smooth running of the service, and the safety of the participants. You may choose to:
Reschedule the same trip for another date within 30 days;
Receive 100% of the value in credits to be used for a new purchase at Vivenciar Turismo;
Receive 100% of the value as a credit on your future bill or a withdrawal to your bank account, depending on the payment method chosen at the time of purchase, within up to 45 days.
8.1.3 Vivenciar Turismo reserves the right to cancel the Travel Package in the following cases:
(i) non-payment by the Customer of the price in the agreed manner;
(ii) failure by the Client to comply with any of its obligations;
(iii) there is no minimum number of Clients, when the trip is conditional on this event;
(iv) due to unforeseen circumstances and force majeure.
8.2 At the CLIENT's initiative:
8.2.1 At any time, the participant may cancel their participation in the tour by submitting a written request via email (vivenciartour@gmail.com), subject to the payment of a contractual penalty based on the contract price, which is not considered compensation.
8.2.2 In any case of cancellation, a non-refundable service fee will be due, deducted from the total value of the tour purchased, to cover administrative expenses related to communication and organization of the tour.
8.2.3 Cancellation will only be confirmed upon receipt of the email and signature of the person responsible for the reservations department of Vivenciar Turismo. The user will be entitled to a refund of the amount previously paid in accordance with the following conditions and Normative Deliberation No. 161 of August 9, 1985, of EMBRATUR:
(a) For cancellations made 31 days or more in advance, a 10% retention fee will be applied to the total service amount;
(b) For cancellations made 30 to 20 days in advance, a 20% retention fee will be applied to the total service amount;
(c) For cancellations made 20 to 15 days in advance, a 50% retention fee will be applied to the total service amount;
(d) For 15 to 13 days, retention of 85% of the total service value;
(e) For cancellations made 7 days or less before the service (No Show), total or partial withdrawal from the services, 100% of the total service value will be retained.
(f) An administrative fee of 5.8% (five point eight percent) will be charged when payment is made by credit card, deposit into Vivenciar Turismo's current account or by installment payment via bank slip.
8.2.4 It is possible to transfer the name of a participant (Client and/or companion) to another, in case of cancellation. The request must be made in writing and sent by email (vivenciartour@gmail.com), up to 7 business days before the start of the tour. The participant transfer will only be confirmed upon receipt of the email and approval by the person responsible for the reservations department of Vivenciar Turismo.
8.2.5 As provided for in the Consumer Protection Code, requests for credit on the invoice or withdrawal to the bank account may be made within 30 (thirty) days from the date of the request by email and depending on the payment method chosen.
8.2.6 For partial cancellation of the Travel Package or tour, the calculation of the respective penalties will be proportional to the cancellations requested.
8.2.7 In addition to the sanctions established above, the Client will also be responsible for any fine charged directly by the hosting service provider and for other contracted services that are subsequently cancelled.
9. SUPPLIERS
All tourism service providers contracted by the Client through Vivenciar Turismo are jointly and severally liable for the specific provision of the contracted services.
Proof of recklessness, negligence, incompetence, or bad faith regarding the provision of services will obligate service providers to compensate Clients for all damages caused, as well as any costs arising from the provision of services that do not conform to the contract.
Vivenciar Turismo and its suppliers are responsible for the actions of their agents, including those performed by third parties contracted or authorized by them, whether individuals or legal entities, with such responsibility limited to the actions performed by the agents or third parties exclusively in the exercise of the activities that are their responsibility, by virtue of the Travel Program contracted with Vivenciar Turismo or its suppliers.
The Client acknowledges Vivenciar Turismo's role as their agent for contracting the services and Suppliers involved in the contracted Travel Package, and it is the Client's responsibility to demand receipts and/or tax documents from the contracted Suppliers related to the respective services and products.
10. COMPLAINTS
Qualquer reclamação relativa à viagem realizada pela Vivenciar Turismo deverá ser formulada ao Serviço de Atendimento aos Clientes (SAC) da Vivenciar Turismo, no prazo de 30 (trinta) dias a contar do término da execução dos serviços contratados – Pacote de Viagens.
Vivenciar Turismo's customer service can be contacted by phone at +55 41 998138089
11. FORUM
The parties elect the Court of the District of Curitiba, State of Paraná, to settle any issues arising from these Terms and Conditions that cannot be resolved by mutual agreement.
12. FINAL CONSIDERATIONS
Vivenciar Turismo (i) does not intend to fully cover, in these Terms and Conditions, matters pertaining to rules and procedures, and (ii) undertakes to address any omissions in this instrument with due common sense, the utmost consideration and good faith.