EXPLORATION JOURNEYS NOTICES, TERMS AND CONDITIONS
We are SYS Turismo Integral Ltda, a Brazilian company and a registered seller of travel services under the Brazilian Ministry of Tourism (CADASTUR), certificate number 26.070268.10.0001-1. We look forward to the opportunity to organize your Brazil travel experience. These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to SYS Turismo Integral Ltda. The term "you" refers to the customer visiting our website, booking a reservation through us or otherwise using our services, and to all members of your travelling party.
Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). That is, we are acting as intermediary for products and services that are not directly supplied by us (e.g., flights and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services, and with respect to flights, your flight tickets will be your only contract between the airline/s and you. Each Supplier has its own terms and condition that are applicable to your particular arrangements (in addition to our general terms and conditions).
Deposits and Payment
Your US$ 250 deposit (or US$ 400 if booking less than 30 days in advance) for us to book your trip is non-refundable, but it counts towards your total trip price. Payment of this deposit enables us to hold all reservations for you until the payment due dates, but does not guarantee the price. The price and the reservations can only be guaranteed once we receive full payment, subject to any terms and conditions of the Suppliers.
Reservations made within 60 days of the departure require full payment. In any case, final payment is due 60 days prior to departure. We are not responsible for cancelled reservations in the event payment in full is not received by the final payment date.
Participation
You are responsible for selecting a trip appropriate to your health, physical abilities and interests. We reserve the right decline to accept or retain a person as a tour member for any reason which affects the operation of the tour or the rights, welfare or enjoyment of other tour members, and a refund of recoverable land tour services according to the Suppliers’ policies is the limit of our liability.
Cancellations and Changes
Our contract with our Suppliers may allow them to cancel or amend bookings. We will promptly notify you of any significant changes once we become aware of such change, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving the applicable refunds.
If you have booked a flight through us and we are alerted to a significant schedule change by your airline, we will make our best efforts to contact you to advise you of this. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
Your Acceptance of these Terms and Conditions
By booking your travel arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are authorized to act on behalf your fellow travelers and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are authorized to act on behalf your fellow travelers and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
Your Trip Itinerary and Services Included
Please review and verify your booking invoice thoroughly and contact us immediately if the services and products included in your invoice are not what you meant to purchase. We do not accept responsibility if we are not notified of inaccuracies before you make a payment or, if you haven’t yet made your payment, within 5 days of our sending out the invoice. In the case of billing errors, we reserve the right to re-invoice you with correct pricing.
If You Change Your Booking
Where a change requested by you to your travel arrangements is permitted and possible, Supplier charges may apply. Please note that all reservation changes are subject to availability and the terms and conditions of the product or service purchased.
Changes to name details (name, date of birth, gender and such) are not allowed by many airlines and other Suppliers. While we will endeavor make such a change if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which their conditions and charges would apply. Also, airlines require that name details in the passenger’s passport match the airline’s booking records for that passenger (minor mispellings or variations are accepted by some airlines).
Flights must be taken in the sequence they appear on your ticket or eticket confirmation. If you plan not to take a flight as booked, please contact us as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a "no-show", which could result in extra charges and/or your whole flight itinerary being cancelled and/or rendering your ticket void.
If You Cancel Your Trip Booking
For all payments which have already made at the time we receive written notice that you must cancel your trip, the following fees will be charged:
We’ll always try our best to get as much of a refund as possible, depending on the trip cancellation date, and the conditions of the service suppliers.
Important note: certain hotels, boats, lodges and airlines may have deposit terms and cancellation policies which vary from our own. We may need to collect an additional deposit from you to hold some reservations. The cancellation penalties on payments will be determined by these individual organizations and will override our policy.
Refunds will only be issued to you once we have received the funds back from the supplier(s). Generally, flight tickets cannot be refunded if they are partially used. We are not responsible for a supplier’s failure to pay a refund.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to claim these cancellation charges through your insurance company.
Travel Documents and Destinations
It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations for each traveler in your group, also to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any of your government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is advisable, safe or without risk.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa, reciprocity fee and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
Insurance
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. Travel insurance may protect against third party supplier default/bankruptcy protection, delay, interruption, missed connections, cancellation, medical emergency transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Proper insurance may protect you from financial loss in almost all circumstances. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travels for any reason, portions of the trip/tour may not be refunded and our Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of your travel booking and related costs. The purchase of travel insurance is not required in order to purchase any product or service offered by us. Our role is limited to advising you of the need for travel insurance.
Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Non-U.S. Citizens should refer to their respective government’s advice and guidelines. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary and that you carry the documentation regarding such vaccination.
Airline use of Insecticide Spray
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. For U.S. Citizens: U.S. law requires that we refer you to the Department of Transportation’s Disinsection Information page on their website for further information: https://www.transportation.gov/airconsumer/spray .
Hazardous Materials Disclosure
U.S. Citizens should refer to the Transportation Security Adminstration’s (TSA) list of items that cannot be carried into an aircraft at https://www.tsa.gov/travel/security-screening/whatcanibring/all.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include, without limitation, explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals.
Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make false or fraudulent reservations. You will only use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website through any means, automated or manual, nor use such content or information to make a derivative work (b) deep link to any portion of our website, or (c) "frame" or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
Indemnification
You agree to indemnify us and our affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
Privacy Policy
You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us in accordance with the terms of and only for the purposes set forth in our privacy policy. You represent that you have read and agree to the terms of our privacy policy, which can be found at our website.
Warranties, Disclaimers and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT OUR AGENTS OR EMPLOYEES. WE HAVE TAKEN ALL REASONABLE STEPS TO ENSURE THAT PROPER ARRANGEMENTS HAVE BEEN MADE FOR YOUR TRAVELS. HOWEVER, WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, SICKNESS, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, EQUIPMENT MALFUNCTION, SICKNESS, CLIMACTIC CONDITIONS, WAR, TERRORISM, CIVIL DISTUBANCE, LABOR DISPUTES, RIOTS, THEFTS, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
WE MAKE NO GUARANTEES OR WARRANTIES, EXPLICIT OR IMPLIED, THAT THE TOUR PACKAGE WILL MEET ALL OF YOUR EXPECTATIONS.
The information, software, products, and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Any ratings for suppliers are intended only as general guidelines, and we do not guarantee the accuracy of the ratings.
We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, software, products, and services provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation of such product or service. All such information, software, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our suppliers are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or our services or with the delay or inability to access, display or use our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
IF, DESPITE THE LIMITATIONS ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, OUR NET PROFIT IN CONNECTION TO ALL THE SERVICES YOU HAVE BOOKED THROUGH US.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at https://www.brazilexplorationjourneys.com/terms-and-conditions.php from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
This Agreement shall be governed by the laws of the Federative Republic of Brazil without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the Courts of the City of Sao Paulo, Brazil, in all disputes arising out of or relating to travel bookings with us, or the use of our website. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
Rev. May/05/2019
