General Terms and Conditions of Majaura e Majaura Ltda.
First edition, valid for new bookings from March 1st 2012
Please give these terms and conditions your full attention, because when booking you accept these terms and conditions, which have been given to you before booking. They are valid for programs by Majaura e Majaura Ltda, hereafter called “travel agent“.
1 Booking and booking confirmation
1.1 When booking you enter a valid travel contract between yourself and the travel agent. The travel contract is fully valid when the travel agent declares his acceptance. However, this does not need to happen in a certain form.
1.2 The booking is valid for all persons named in the booking. The booker assumes responsibility of contract obligations for all persons named in the booking including himself (herself)
1.3 Upon receiving the booking or shortly thereafter, the traveller will receive a written confirmation summarizing the main points of the booking(s).
2.1 Once the travel contract becomes valid, full payment is expected in exchange for receipt of your travel confirmation.
2.2 Cancellation fees (see point 5) are required if cancellation is requested.
2.3 Payment can be made by direct transfer to our bank account: Banco do Brasil, Majaura e Majaura Ltda, account number: 15272-2, Agency/Agencia: 4105-x, IBAN: BR6000000000041050000152722C1, BIC: BRASBRRJSDR) or per PayPal: on firstname.lastname@example.org.
2.4. Booking and payment of flights are responsibility of the traveller.
2.5 The travel agent will inform you no later than two weeks before your departure of the payment modalities of your accommodation.
2.6. If payments are not made, or not completely made, even after receiving a second payment request and a second term of payment has been set, the travel agent can step out of the contract, except if there is a considerable lack of travels at this point in time. When voiding the contract, the travel agent can demand cancellation fees for indemnity (as stated in point 5.3). If payment is not made even though term of payment has been reached, the travel agent reserves the right to issue a fee of €20/30US$. The traveller keeps the right to prove non-existent or considerable lower costs.
3 Services, Prices
3.1 The services agreed upon by contract are stated in the description of services and in the travel confirmation. Before concluding the contract, the travel agent can change the description of services at any time, but has to inform the traveller of this.
3.2 The travel agent does not book flights and does not make any payments for flights. The travel agent only recommends a flight to the traveller. Booking has to be made by the traveller. For flights, the terms and conditions of the airlines are valid.
3.3 The traveller has to make payment for all booked activities himself at the destination.
3.4 At destination, travellers will be accompanied by representatives of the travel agent, who can also accompany the traveller on activities, depending on availability.
4. Changes in services and prices
Important changes of services agreed upon in the travel contract, that become necessary after the contract has been concluded, are only permitted if they are not substantial and changing the overall composition of the booked journey. The travel agent remains liable for defects, especially if the changed services are faulty. The travel agent has an obligation to inform the customer of important changes and the reasons for them, immediately after they come to his knowledge. Where applicable, the travel agent will offer a free change of reservation or cancellation of bookings.
5. Cancellation by the traveller before the start of the journey/cancellation fees
5.1 You can cancel your journey at any time. Decisive is the entry of your declaration of cancellation with the travel agent or travel agency.
5.2 If you cancel your journey or if you don’t show, the travel agent loses his right to the price of the journey. Instead, and only if it is not a case of force majeure, the travel agent can demand a representative indemnity, depending on the journey price, for the journey preparations that he undertook until the moment of cancellation (cancellation fees). These cancellation fees are calculated as a percentage of the journey price in relation to the time left until the start of the journey. Preparations and tasks saved have been considerated in the calculation.
5.3 In case of cancellation by the traveller, per person/per room or apartment, the cancellation fee amounts to generally:
until day 21 before start of journey: 20%
until day 8 before start of journey: 50%
until day 3 before start of journey, until start of journey or in case of a no-show: 75% of the journey price.
5.4 Your right, to replace the cancelling traveller/s, remains untouched by the previous conditions.
6 Travel insurance
The travel agent recommends buying extensive travel insurance, especially including travel cancellation insurance as well as an insurance to cover the costs of repatriation in case of accident of sickness.
7 Cancellation by the travel agent
The travel agent can withdraw from the contract without a cancellation period if the traveller disturbs the journey, and goes on to do so after a warning by the travel agent or representative has been issued. The same is valid if the traveller behaves contrary to contract in such a way that an instant cancellation by the travel agent is justified. However, the travel agent may keep the payment for the journey. Additional costs of the return trip have to be taken on by the disturber himself. However, the travel agent can be asked to pay back the value of unused services including refunds from third parties.
8 Extraordinary situations force majeure
In the case of force majeure, the travel agent as well as the traveller has the right to cancel the journey.
9 Relief, reduction, cancellation
9.1 If a service of the journey is not made or not made according to the contract, the traveller can claim relief. The travel agent can refuse relief if the costs are disproportional.
9.2 The traveller can ask for a reduction of the journey price when services are not as described in the contract, and the traveller did not fail to communicate this to the travel agent right away.
9.3. When a journey is deteriorated by a default and when the travel agent does not offer relief in an acceptable time-frame, the traveller may cancel the travel contract (in written form for proof). The same is valid if the traveller cannot be expected to make a journey for a reason that is noticeable to the travel agent. The time-frame for the relief does only not need to be set when relief is impossible or refused by the travel agent or when the immediate cancellation of the contract due to a special interest to the traveller is justified. In this case, the traveller only owes the travel agent the amount for the services used if these services were of interest to him.
10.1 If there is a default, the traveller can with no harm claim a reduction of the journey price, a cancellation or an indemnity. This is not the case, if the default is based on a circumstance that the travel agent cannot be held liable for. The traveller can also not claim indemnity because of journey time spent uselessly when the journey is impeded or deteriorated considerably.
10.2 contractual indemnity
The contractual liability of the travel agent for damages, that are not bodily harm, is limited to three times the price of the journey price,
as long as a damage is not caused by the travel agent in a deliberate, grossly-negligent fashion, or
when the travel agent is only responsible for the damages caused to the traveller because of the fault of a third-party-contractor.
10.3 tortuous indemnity claims
For all indemnity claims against the travel agent due to forbidden activity, that are not due to deliberate intention or gross negligence, the liability is limited to three times the price of the journey price. These amounts to liability are valid per traveller, per journey price.
10.4 The travel agent is not liable for disturbances to services and bodily damage or damage to property in the context of services that are only arranged with third-party-contractors (for instance excursions, sport events, exhibitions, transports to and fro the destination), when these services were described in the description of the journey as well as the booking confirmation explicitly and naming the third-party-contractor as third-party-services. It must be noticeable for the traveller, that these are not included in the services of the travel agent. However, the travel agent is liable,
10.4.1 when the cause of the damage to the traveller can be identified as being a lack of responsibility from the travel agent in regards to his obligation of information and organisational duties.
10.5 The participation in sports and other holiday activities falls under your own responsibility. You should examine facilities, equipment, and vehicles before using them. The travel agent is only liable for accidents occurring at sports events when he caused them. The travel agent recommends buying accident insurance.
10.6 Transportation is organised on the conditions of the respective transportation enterprise.
10.7 Obligation to co-operate, reclamations
10.7.1 Every traveller has the obligation to co-operate in avoiding or minimizing damages in case of a disturbance of booked services as stated in the legislation.
10.7.2 Should you, against all odds, have to make reclamations, you have to let the travel agent know there and then and demand relief. If you cannot reach the travel agent or holiday representative, you have to let the third-party-contractor know (pousada, driver, guide, teacher) or the organiser of the event. You will find the necessary phone or fax numbers as well as email addresses in your travel documentation as well as in the description of services. Damages or delays in receiving your luggage have to be declared at the airport, at the latest 7 days after discovering the damage to the luggage, in case of delay 21 days after receiving goods or luggage by filling out a form declaring the damage with the respective airline. Airlines usually decline reimbursements when no form was filled out to declare the damage.
11. Exclusion of claims, limitation of time, abandonment
11.1 Claims for insufficient respect of contractual statements must be communicated to the travel agent at the latest one month after the end of the journey stated in the contract. This should be in written form. After this time frame has ended, the traveller can only make claims if he was unable to respect the time frame without it being his own fault.
11.2.1 Claims of the traveller for the injury of life, bodily harm to health, caused by a deliberate or negligent breach of duty of the travel agent or a legal representative of the travel agent to contract fulfilment lapse in two years. This is also valid for claims for relief of other damages that were caused by a deliberate or negligent breach of duty of the travel agent or of a legal representative.
11.2.2 All other claims lapse within one year.
11.2.3 The limitation of time of all previous points start on the day following the day of the contractual end of the booked journey.
11.2.4 Claims resulting from forbidden activities lapse in three years.
11.2.5 The limitation of time is put to an halt if there is any ongoing process for claims between the traveller and the travel agent. This is true until one of the parties refuses to continue the process. The limitation of time can only be effective at the earliest three months after the end of the halt.
11.3 If booked through a travel agency, the travel agency is only intermediary for setting up the contract. It cannot accept claims for guarantee and indemnity by travellers after the end of their journey.
11.4 The abandonment of claims against the travel agent is impossible. This is not valid for family members also travelling.
12 Passport, visa, customs and currency regulations
12.1 The travel agent will inform citizens of EU-countries in which the journey is offered about passport, visa and health regulations as well as changes therein before the start of the journey. Citizens of other countries should inform themselves at their embassies or consulates.
12.2 The traveller is responsible for respecting all rules and regulations for the successful development of the journey. All inconveniences, especially the payment of cancellation fees which evolve from the non-respect of these rules and regulations will weigh on him, except when they were caused by wrongful information or a lack of information by the travel agent.
12.3 Please ensure that your passport is valid long enough for the journey. Children need their own passport.
12.4 Please get information about custom and currency regulations and follow these.
13 Data privacy
Data relative to your person, submitted by you, will be processed electronically and used in so far as necessary to fulfil the contract. We would also like to inform you of future offers, if it is not noticeable to us, that you do not want us to do so. If you do not want us to send you information, please let us know.
The invalidity of individual points of the travel contract do not ensue the invalidity of the contract as a whole. The same is valid for these terms and conditions.
These terms and conditions are valid for the travel agent: