TERMS AND CONDITIONS
1. Scope of Application
These General Terms and Conditions govern the legal relationship between the tour operator
Adatours (hereafter "TO") and the tour participants as well as third parties booking tours for tour participants or acting as agents for tours (hereafter "Customer(s)") for all services provided by TO, in particular the organization of excursions (hereafter "Tour(s)") and their guiding as far as tour guiding is not provided by third-party providers. For all activities of third-party providers, TO merely acts as an agent; however, such activities are carried out in the name of and according to the terms and conditions of the third-party providers.
2. Conclusion of Contract / of Booking
In order to contract with Adatours you must be at least 18 years of age and be able to form a legally binding contract under applicable law.
Bookings can be made through different distribution channels (internet, travel agency, hotel, tourist information, etc.) by telephone, e-mail, fax or in person. For free participation, too, a booking must be made. Otherwise, TO may exclude the participant and, in case of minors, also their accompanying person (see section 7) from the Tour. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers' agreement to these GTC. The contract between the Customer or the third party making the booking, respectively, and TO is concluded with the unconditional acceptance of the booking by TO. Through the booking, the Customer as well as any third party making the booking accept the present GTC as binding. TO will not accept any non-binding reservations.
3. Details required for booking
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Tour Operator as a result of your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees, or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.
4. Rates and Terms of Payment
The Tour price per person (hereafter "Tour Price") is stated the price list in USD. All prices are quoted including VAT.
Prices are subject to change according to section 6. The Tour Price is due at the time of booking.
5. Cancellations / Changes in Bookings by the Customer
TO does not offer any cancellation insurance.
5.1 All multi - day tours must be cancelled before the deadline indicated on the invoice and subject to the conditions of the invoice
Hotel booking are either for a non cancellable rate and when a hotel is booked via the website the customer agrees hereto, or have an indicated deadline before which a customer must cancel the booking, in order not to incur in any cancellation charges. In case of no show extra penalties can apply according to the legislation of some countries extra taxes can be due.
Every multi day tour will have own confirmation and cancellation policies indicated on the invoice, in the lack here of the conditions apply:
1. before the payment deadline 0 cancellation charges apply
2. after the payment deadline indicated on the invoice 100 % cancellation charges apply (with exception of special conditions indicated on the invoice)
an extra handling fee can be due for any changes in already booked tours upon the TO's discretion
Acceptance of any changes in private Tours previously confirmed by TO is at TO's free discretion.
6. Cancellation by TO
It is at TO's free discretion to cancel a Tour that is jeopardized, considerably hindered or made impossible due to force majeure, meteorological hazard, official measures, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events. The same applies if the minimum number of participants paying the full Tour Price is not reached for regular tours. The Tour Price that has already been paid will be refunded, further compensation claims are excluded.
7. Changes in Tour Prices or Services
TO reserves the right to change the Tour Price according to the price list or the agreed Tour Price, respectively, in case of extraordinary circumstances. Extraordinary circumstances are in particular:
- changes in the rates of third-party providers, e.g. of transportation companies
- newly introduced or raised taxes, charges or fees
Changes in Tour Prices in case of extraordinary circumstances are communicated 3 weeks prior to the Tour start at the latest. If the difference between the new and the initial Tour Price exceeds 10%, the Customer is entitled either to withdraw from the contract upon written notice within 5 days after communication of the change in Tour Prices against full refund of any Tour Price already paid or to book an alternative Tour of TO in the value of the initially booked Tour without any rebooking fee. Further compensation for damages is excluded.
TO reserves the right to change the Tour program at any time, prematurely curtail the Tour or offer alternative solutions in case of extraordinary circumstances. Any additional costs of the Tour shall be borne by the Customer. TO undertakes to immediately inform the Customer of any changes in services and/or in the program. If the alternative solution is more expensive than the initially booked Tour or unreasonable for the Customer, Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation for damages due to change(s) in Tour Prices or services is excluded.
8. Terms of Participation
Tours are offered subject to the terms published by TO (e.g. with regard to language, Tour guiding, etc.). Lead Tour participants must identify themselves at the check-in before the Tour start by showing their ID or passport according to the booking; otherwise, TO may exclude both the lead Tour participants and Customers for whom the booking was made from the Tour without refund of the purchasing price. For Tours abroad, all Customers must have their ID or passport with them. Minor Customers must be accompanied by a person having the power of representation. Coaches are not equipped with a ramp. Disabled Customers who need assistance in getting on and off the coach are requested to organize such assistance themselves. Pets are not allowed. Customers undertake to inform TO of any health problems. Adequate health and accident insurance coverage is the responsibility of the Customers (including supplementary insurance against sports accidents in case of Tours with sports activities). Joining a Tour under the influence of drugs, medicines and/or excessive alcohol is not permitted. Customers undertake to strictly comply with these GTC, the terms of participation of third-party providers, the instructions of TO, of third-party providers, of support staff as well as external Tour guides and rescue staff. Furthermore, Customers are obliged to wear seat belts and to use child safety seats, if applicable. TO reserves the right to exclude a Customer from the Tour with immediate effect in case of health problems, non-compliance with the terms of participation or violation of these GTC or any instructions. In case a minor Customer is excluded, the accompanying person is also excluded from the Tour. In case the exclusion is made prior to the Tour start, the terms of cancellation apply analogously. In case the exclusion is made during a Tour, the Customer has no right to a refund of the Tour Price. In case of exclusion, any and all claims for damages against TO are excluded.
If the Customer is not present in time at the departure respectively meeting point for the start of or during the Tour, TO reserves the right to exclude the Customer from the Tour after a waiting period of 15 minutes for a half-day Tour or 20 minutes for a day Tour and to depart without the Customer. In this case, the Customer is neither entitled to a refund of the Tour Price nor may the Customer claim any damages. Furthermore, Customer must pay for any additional costs (e.g. transportation back to the starting point) him- or herself.
9.1 Limitation of TO's Liability
Customers undertake all activities at their own risk. Any liability of TO is limited to the Tour Price as well as any direct damages caused willfully or by gross negligence by TO. TO's liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. TO does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section 7). In case of cancellation of a Tour, TO is only liable for the refund of the Tour Price if no alternative Tour is offered. TO does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
9.2 Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure
TO does not assume any liability for the offers and services of third-party providers nor does TO assume any liability for damages based on circumstances that are beyond TO's control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider.
9.3 Customer's Liability
All activities for which TO acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer's own risk. TO is not liable for the consequences of any accident. TO expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, etc.).
10. Deadline for the Assertion of Claims
Customers' claims towards TO due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 30 days after the contractually agreed Tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the Tour guide is not sufficient. Claims received by TO after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline.
11. Data Protection
Customers agree that their data, in particular Customer's name, address, telephone number, birth date, nationality, gender, are collected by TO for the carrying out of certain Tours according to the contract. Such data can be forwarded to third-party providers.
In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these GTC becomes evident.
13. Applicable Law and Place of Jurisdiction
Brazilian law shall apply to the legal relationship between the Customer and TO (with the exclusion of conflict of law rules). For claims against TO, the exclusive jurisdiction of the ordinary courts at the seat of TO is agreed.