TERMS AND CONDITIONS OF DETOUR
Detour’s Disclaimer: Detour acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this tour. Such services are subject to the terms and conditions of those suppliers. Detour, LLC and their respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default of any company or person in performing these services. Responsibility is not accepted for losses, injury, damages or expenses of any kind due to sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws, or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided. Detour, LLC is not responsible for any baggage or personal effects of any individual participating in the tours /trips arranged by Detour, LLC. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
Cancellations: If you cancel the trip at any point after confirmation, you will forfeit a $100 per person handling fee to Detour. This is separate and in addition to the fees, deposits, and payments potentially owed to the tour operator (see information below).
Trip Changes: If you decide to make any changes to your trip (changes to your itinerary, travel dates, tours, or accommodations) after it is booked, you will incur a $50 change fee per person, per change. Unavoidable changes (such as those imposed by an international flight schedule change) will not incur this fee. Adding on services before or after your confirmed tour will not incur this fee.
Rate Changes to Domestic Flights, Park Entrance Fees, Government Taxes and Fuel Surcharges: The rates for all these items are subject to change at any point and these fees or fee changes can be imposed on any trip, even after a trip has been confirmed and paid for in full. These rate changes are beyond the control of Detour or our local operating partners. Oftentimes, these changes are imposed by government decree and take effect immediately. While this is a rare occurrence and the rate changes themselves are typically quite small, these changes are unpredictable and sometimes unavoidable. Travelers are responsible for any additional costs or fees due to these rate changes, even after the trip is paid in full.
Checking Your Passport Expiration Date: Some governments, notably Ecuador’s and Peru’s, require that your passport is valid for at least six months after you depart the country. Other countries require your passport to be valid for three months after you depart the country. It is your responsibility as a traveler to check the entry/exit regulations of the country you are traveling to and to check our passport expiration date to ensure it is valid for your dates of travel.
Passports and Traveler Details: Passengers are responsible for sending up-to-date and correct information that is requested in the “Trip Reservation Form.” If any of those details change, it is the passenger’s responsibility to notify Detour of the change before the trip departure. If you need to renew your passport prior to your trip, you must notify Detour that you will be renewing your passport and you will have to email a scanned copy of both your old and new passports to Detour. Additionally, you will have to bring both passports with you on your trip. Please make sure that you request to receive your old passport at the start of the renewal process.
Airport Transfers: Airport transfer rates are based on group size with the assumption that all travelers will be taking the same transfer. If some travelers in your personal group arrive or depart on different days or at different times, additional airport transfers will have to be booked and the passenger is responsible for this additional cost.
TERMS AND CONDITIONS OF ANIYAMI
Aniyami DMC (hereafter referred to as Aniyami), is a business brand of Aniyami Turismo Ltda, a company duly incorporated in accordance with the Company Laws of Brazil, Registration Number 05.961.444/0001-07. Aniyami carries on business under the regulations of Brazilian Ministry of Tourism and the code of ethics of the Brazilian Association of Adventure Tourism Companies (ABETA), the Adventure Travel Trade Association (ATTA), World Association of Travel Agents (WATA), B Corp, Adventure Travel Conservation Found (ATCF) and provides travel incoming services.
Aniyami and The Client have agreed that for the consideration described herein, Aniyami will provide and The Client will purchase materials and services described above for the Quotation and Booking on the following conditions. Enrolment in, and payment for this Quotation shall constitute agreement and acceptance by the agent of these Terms and Conditions.
1. Services: Aniyami shall perform services listed. Services will be limited to those outlined, unless otherwise agreed to in writing.
2. Availability: This Quotation does not constitute a binding offer ́from Aniyami as to availability. This is because suppliers will not bind their products/services availability to enquiries which may not translate into real ́bookings. Availability is therefore subject to change, until a binding booking is made.
3. Validity: Prices quoted are valid for thirty (30) days from the date submitted, unless otherwise stated by Aniyami.
4. Prices: Payment and consideration to Aniyami for services described herein shall be in accordance with prices listed herein, subject to terms and conditions hereof:
a. Prices stated herein have been quoted by Aniyami with respect to the Quotation described herein and shall not bind Aniyami with respect to any other Quotation.
b. Prices are subject to compliance with timelines outlined.
c. Prices have been based on the specified number of participants and travel dates shown on this letter of agreement, and will be adjusted accordingly if the number of participants and/or dates change.
d. The quoted land prices for this Quotation are based on negotiated tariffs and applicable taxes. In the event that these rates are significantly revised by Aniyami suppliers (transportation, carriers, hotels, guides, attraction fees, sightseeing contractors, etc.) or destination government prior to the operation of this Quotation, Aniyami will notify of any necessary price deviations.
e. Aniyami services are quoted in specific currencies being the Euro (€) or the US Dollar ($) applicable to the origin of travel or the type of services to be provided. The different parts of the budgets will be invoiced in their respective applicable currencies and payment should be received as such. In the event that exchange rates suffer a significant change (less than or more than 10%), Aniyami will notify of any necessary price deviations.
5. Quotation Revisions: Requests for revisions to services, if accepted by Aniyami, will be confirmed to The Client, with applicable prices. Such revisions to services and applicable prices shall automatically amend the original confirmation for this Quotation.
6. Payment Terms: Payment for services shall be according to the specific schedule outlined in this agreement, unless otherwise agreed:
a. An interim payment invoice for deposits required to secure special services (eg. services in Fernando de Noronha, some luxury accommodation, accommodation packages for special dates such as New Year Eve and Carnival, etc), and/or domestic airfares, will be invoiced when the binding booking is made.
b. Full payment is due on the date specified in the booking confirmation. In the absence of a date for payment being specified in the booking confirmation, full payment for any booking shall be due not later than 3 (three) weeks prior to arrival.
c. Following operations, an invoice for added (extra billing) on-site services will be issued.
d. Invoices are payable upon due date.
e. Amount over fifteen (15) days past due date will bear interest at the rate of fifteen percent (15%) per annum, or highest-rate permitted by Brazilian law, whichever is less.
7. Participant Details and Data Protection: In order to process The Client’s booking, it will be necessary for Aniyami to receive certain details of participants no later than 21 days prior to travel dates. These details might include, where applicable, personal information such as full name, passport details, address, age, profession, or those relating to any disability or medical condition. These details are requested by suppliers and public authorities and compulsory so that the services can be provided (for example some national parks). Aniyami understands the participant details privacy is important and we take the responsibility of protecting his/her privacy very seriously. We will only deal with the personal details you give us as set out above with no disclosure to other parties unless it is necessary for the services to be provided.
8. Cancellation Policy: In the event of cancellation or rescheduling of the booking for any reason whatsoever, partially or in full, by or on behalf of The Client, Aniyami reserves the right to claim the services, administration, communication and cancellation charges reasonable in the circumstances or specified in the booking confirmation and which charges will inter alia depend on the debits Aniyami receives from suppliers with whom the reservations were made on The Client’s behalf.
Should any of the services not being delivered for any other reason of the above, or not being adequately delivered by Aniyami, the reimbursement, if applicable, should take place 20 days after being requested. This request should be received within 30 days after the participants have left the country. It is the responsibility of The Client to advise Aniyami of any amendment or cancellation by email. A general guideline on Aniyami cancellation fees is as follows:
a. More than 3 weeks prior to departure: 100% of any previous deposit
b. 3 weeks prior to departure: 100% of invoiced cost of cancelled services
9. Unused Services: No refunds are entertained by Aniyami travel services for no-shows or unused services.
10. Unforeseen Events: In the event of there being an unscheduled extension or curtailment to the booking caused by flight delays, bad weather, terrorism, strike or any other cause that is beyond the control of Aniyami, any expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for the participant account and there shall be no right to any refund in respect of the curtailed portion of the booking.
Aniyami shall not be liable for injury, illness or death or any damages or claims whatsoever arising from loss, negligence or delay from the act, error or negligence of any person not in its direct employ or under its exclusive control. Aniyami is not responsible for any criminal conduct by third parties.
11. Changes to/Non-delivery of Tour Arrangements: In the event that any supplier is unable to provide the service confirmed to you, Aniyami shall endeavour to substitute alternative arrangements of similar (or superior) standard to those set out in the original booking.
12. Insurance: Aniyami makes it compulsory that all participants to the Quotation be covered by an appropriate international travel insurance. This insurance should include the following minimum requirements: emergency medical expenses and assistance service, medical repatriation and transportation, as well as burial, cremation or return of medical remains. Aniyami recommends The Client to consider extending the insurance to include additional benefits such as cancellation or curtailment, personal accident insurance, lost luggage, delays, etc. Should The Client be interested in contracting local insurance for the participants, Aniyami could offer insurance services according to the above criteria.
In addition to Aniyami own public and commercial liability insurance (of up to 300.000R$), The Client could name Aniyami as an additional insured on its general public and commercial liability insurance. The Client acknowledges Aniyami does not maintain insurance on The Client’s behalf.
13. Medical Requirements: By accepting the binding offer, The Client certifies that the participants do not have any physical or other condition of disability that would create a hazard for himself/herself or other participants. It is essential that any participant with a medical condition requiring regular treatment or which may be affected by vigorous activity, high altitude, heat, cold, other natural phenomenon, or particular foods, notifies Aniyami in writing in advance of travel. Aniyami assumes no liability for medical care or for special dietary requirements. Participants may be required to furnish a doctor’s statement of good health. Once a tour has been confirmed medical circumstances will not be considered as exceptions to our cancellation policy. All participants must be covered by a current medical insurance policy applicable for overseas travel for the duration of their tour. Proof of coverage may be required.
14. Passports: Each individual traveller is responsible for ensuring that they are in possession of the correct documentation prior to departure. International travel requires passports to be valid for at least six months after date of return and must contain at least two blank pages. Due to continual updates by the Embassies and changes in Government agreements, Aniyami accepts no liability for requirements that may change at the last minute.
15. Brazilian Law: The Courts of Natal in Brazil are the only ones competent for any litigation that could arise between The Client and Aniyami. This letter of agreement and its interpretation shall be subject to the laws of Brazil.