Terms and Conditions, We inform you
INFORMATION ON COMPLIANCE ARTICLE 10 LSSICE
Holder: BELLAS Y JOVENES SL
Address: C/Numancia, 28 – 4ºA. 28039 Madrid, Spain
Registration details: Volume: 32895, Folio 83, Entry fee: 1, Page: M592272
Domain Name: www.approachingbrazil.com
CICMA nº 3128
1. GENERAL INFORMATION: The conditions cited herein apply to all transactions through www.approachingbrazil.com, domain that is owned by BELLAS Y JOVENES SL. The corporation is legally incorporated in Spain and registered in the Commercial Register of Madrid: CIF: B87150421 Volume: 32895/Folio: 83/ Registration: 1/Blade: M592272. CICMA nº 3128
With this Web BELLAS Y JOVENES SL provides a service to its customers. Please review the Terms and Conditions of Business. The use of www.approachingbrazil.com by the costumer constitutes agreement with the following Terms and Conditions of Business.
2. CONTENTS OF THE PAGE WEB: BELLAS Y JOVENES SL always tries that the contents of its website are reviewed, and do not contain incorrect information. In case of an error of this type alien to our will, we will proceed to correct it immediately. We reserve the right to correct any errors, omissions or inaccuracies and change or update information at any time without notice. We reserve the right to modify the commercial offer of our website when we see fit. These changes do not affect in any package travel already purchased. BELLAS Y JOVENES SL cannot be held responsible for any use of the Website or its contents by the users who do not obey all laws and regulations. The user is solely responsible for the communication of information that is incorrect, false or relating to third parties (in case they have not expressed consent), and for the misuse of such information.
3. INTELECTUAL PROPERTY RIGHTS: The user acknowledges and agrees that all copyright, designs, photographs including image rights, graphics, text, trademarks, and all other content and materials copyright concerning the content here described, are protected by copyright and other intellectual property rights of BELLAS Y JOVENES SL and other rights holders. This website is for the user’s personal use, not commercial. You may not copy, modify, distribute, transmit, publish or commercially exploit any content, products or services of this website.
4. USERS REVIEWS: All comments, ideas, opinions, reviews etc. provided to BELLAS Y JOVENES SL shall remain the property of the company. BELLAS Y JOVENES SL use of these reviews, opinions and others should not be limited in any way for commercial or any other purposes. The user agrees not to make comments that might violate the rights of others. The user also agrees not to make comments that may contain obscene, illegal or abusive connotations. The user is solely responsible for the content of his/hers comments.
5. LINKS TO OTHER WEB SITES: BELLAS Y JOVENES SL can include links on its webpage to third parties’ websites. BELLAS Y JOVENES SL does not review every third party website or carry out checks on them, and thus BELLAS Y JOVENES SL shall not be considered in any way responsible for the contents of these websites or for any actions taken regarding these privacy or processing of personal user data.
6. DISCLAIMER OF RESPONSIBILITY: www.approachingbrazil.com content and server are free of viruses. The user is aware that he is solely responsible for the use of this website, and assumes full responsibility for all costs incurred for services and repairs of the equipment used to view and make use of it.
7. GOVERNING LAW AND COMPETENT JURISDICTION: The travel contracts signed with BELLAS Y JOVENES SL are submitted to the Spanish legislation. In case of any conflict or discrepancy the applicable jurisdiction will be that of the courts of Madrid (Spain) provided that there isn’t any legal provision that prohibits it. The applicable law is: RDL1/2007,Ley General para la Defensa de los Consumidores y Usuarios, especially Title II, Sections 159 y 160. The applicable law for the use of the website is Law 34/2002: Ley de Comercio Electrónico.
TERMS AND CONDITIONS OF BUSINESS
The organization of this travel package has been done by BELLAS Y JOVENES S.L. NIF B87150421, residing at c/Numancia 28 4A, 28039 Madrid, Spain
The price of the travel package includes: 1. Accommodation, when this service is included in the program/offer hired. 2. The fees or taxes for accommodations and indirect taxes, value added tax (VAT), where applicable. Technical assistance during the trip, when included. 3. All other services and complements specified in the program/offer hired or that are stated expressly in the contracted package.
Price review: The price of the package has been calculated based on exchange rates, freight rates, fuel costs, and taxes and fees applicable at the date of delivery of the program/brochure. Any change in the price of these elements may lead to revision of the final price of the trip, either upward or downward, in the strict amounts of said costs have changed. In no case prices will be revised upwards twenty days prior to the date of departure for bookings already made. The price of the travel package does not include: Visas, airport taxes, country entry and exit fees, vaccination certificates, “extras” such as coffee, wine, beer, mineral water, special diets even in cases of full board or half board unless expressly agreed otherwise in the contract, washing and ironing, optional hotel services, and in general, any other service not specifically listed in the price of the package or not specifically detailed in the program/offer, the contract or documentation sent to the consumer to subscribe. In the case of optional excursions or visits not booked at source, please note that they are not part of the contract package. Therefore, when hired at the destination, variations on their costs, which alter the estimated price, may occur. The price of the travel package does not include tips.
We reserve the right to change the price of unsold holidays at any time and correct errors in prices of confirmed travel.
Any changes in taxes, entry fees and/or charges that we collect at net cost on behalf of local and government bodies will be passed on to you in full or refunded to you in full (Net Cost Charges). We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges. You will be charged for the amount over and above. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements.
Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
The deposit for your holiday is variable and will be confirmed at time of booking. The balance is due not less than 90 days prior to departure, or immediately if you book within 90 days of departure. However, to guarantee a price, we may have to ask you to pay in full for all or part of your holiday at an earlier date. If any balance remains unpaid, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charges as set out below. Payment must be in Euros and can be made by bank transfer or credit card. For pay via bank transfer you will be responsible for all bank charges, which will be communicated at the time of booking. If you wish to pay by credit card a fee of 2% of the value of the payment is applied to cover the cost of the transaction.
All refunds will always be formalized through BELLAS Y JOVENES S.L., not making any refund for services not used voluntarily by the consumer. In the event that prior to departure the organizer is obliged to significantly modify any essential element of the contract, the organizer must immediately inform the consumer.
Consumer withdrawal, contract transfers and trip cancellation
At all times the user or consumer may cancel the services requested, be entitled to a refund of the amounts been paid, whether it is the total price as a down payment, but shall indemnify BELLAS Y JOVENES S.L. for the items listed below:
1) 65,00 euros (VAT included) per person for administration fee plus any applicable charges levied by our suppliers.
2) As we do nonrefundable deposits to hotels and service providers for the reservation, we are obliged to charge cancellation fees. The cancellation penalties schedule is as follows, subject to change: A penalty consisting of 50% of the total trip if the withdrawal occurs at 150 days before the start of the trip, 75% within 120 days prior to the departure, and 100% within pre-departure 90 days. In case of the client not showing up at the scheduled departure, will not be entitled to any refund of the amount paid, unless otherwise agreed between the parties otherwise. In the event that any of the hired and annulled services is subject to special recruitment economic conditions, such as chartering of aircraft, ships, unique ground services, special airfares, etc., cancellation fees for withdrawal shall be determined in accordance with the conditions agreed by both parties. And since our programs include services subject to special economic conditions of contract recommend you consult these special conditions.
All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be from the Lead Name on the booking in writing and in Spanish and sent by email or by recorded delivery post to BELLAS Y JOVENES S.L. c/Numancia 28 4A, 28039 Madrid, Spain.
Modifications by the customer
Once your booking has been made, if you need to alter your arrangements we will do our best to assist you however cannot guarantee that this is possible. You will be responsible for any charges and costs as a result of such amendment and we reserve the right to charge an additional 65 Euros administration fee plus any applicable charges levied by our suppliers.
BELLAS Y JOVENES S.L. is committed to providing its customers all the services contracted in the program/offer that gave origin to the contract package, with stipulated conditions and characteristics, all in accordance with the following:
a) In the event that, prior to departure, the organizer is forced to significantly modify any essential element of the contract, including the price, it shall immediately inform the consumer. b) In such case, unless the parties agree otherwise, the client may choose to terminate the contract without penalty or accept a contract amendment, which will introduce variations and their impact on price. The consumer must communicate the decision to the Organizer within three days of being notified of the amendment referred to in paragraph a). In the event that the consumer does not notify its decision as set out above, it is understood that chooses to terminate the contract without penalty. c) In the event that the consumer chooses to terminate the contract under the provisions of paragraph b), or that the Organizer cancels the trip before the agreed departure date for any reason other than attributable to the consumer, the client entitled, from the time that the resolution of contract occurs, to the repayment of all amounts paid thereunder or to the realization of another package of equivalent or higher quality, provided that the Organizer is able to offer it. In the event that the package be of a lower quality, the organizer shall refund to the consumer, where appropriate, depending on the amounts already paid, the difference in price under the contract. In any case, the consumer and user may demand reimbursement of the amounts paid. d) There shall be no obligation to indemnify in the following cases: 1. When the cancellation is due to the number of persons enrolled in the package, and this number being less than the required, and thus is in writing to the consumer before the deadline stipulated in the contract, which at least will be 10 days before the planned date of commencement of the trip. 2- When the cancellation of the trip, except in cases of overbooking, is for reasons of force majeure, meaning such conditions beyond abnormal and unforeseeable, and with consequences that would have been unavoidable despite having acted with due diligence. 3- When the trip is canceled due to “good cause” for implementing the Regulation of the respective Autonomous Community, if specified. e) In the event that, after the departure, the Organizer will not provide or verify that cannot supply an important part of the services under the contract, it shall take appropriate measures for the solutions to allow the continuation of trip, at no additional cost for the consumer, and, where appropriate, shall pay to the latter the amount of the difference between the services offered and those supplied. If the consumer continues the journey with the solutions given by the Organizer, shall be deemed to have tacitly accepted these proposals.
The Organizer is liable to the consumer or user, depending on the obligations imposed on them by their respective field management, for the proper performance of the obligations under the contract. Such responsibility shall cease when any of the following circumstances: 1. That the defects observed in the execution of the contract are attributable to the consumer. 2. That such defects are attributable to a third party outside the provision of benefits under the contract and are unforeseeable or unavoidable. 3- That the said defects are due to force majeure, understood as those circumstances beyond abnormal and unforeseeable, and with consequences that would have been unavoidable despite having acted with due diligence. 4- That the defects are due to an event which the organizer, despite having put all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements.
Your right to a refund and/or compensation from us is set out in these booking conditions.
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your trip to Brazil. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to indemnify us in relation to any costs, which we incur as a result of your failure to comply with any passport, visa or immigration requirements.
All users, without exception (including children), must have all personal and family documentation either passport or ID card under the laws of the country or countries visited. Should be rejected by any authority for particular causes of the user, or be refused entry into the country because they lack the requirements imposed, or a defect in the required documentation, or not carrying such documentation, we decline all responsibility for acts of this nature, being the consumer responsible for any expense arising. In these circumstances the conditions and rules established for cases of voluntary withdrawal of services apply.
All children under 18 must bring a written permission signed by their parents or guardians, in anticipation that any authority may request such.
Brazil requires a passport valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Brazilian Embassy before departure.
We can provide general information about the health formalities required for the journey, but you should consult with your doctor about your own specific circumstances related to the area of Brazil to which you are traveling.
Whilst we try to ensure that the information on our website is as accurate and not misleading, it is published many months before your holiday takes place and may be subject to change. Any material changes take place to your booking we shall inform you however we reserve the right to make changes to the website and any information it contains at any time.
Travel insurance is vital and it is your responsibility to ensure that you take out a comprehensive travel insurance policy to cover you during your travel. We reserve the right to request details of your policy before you travel. If you choose to travel without adequate travel insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Children over the age of 12 years will be treated as adults as far as prices are concerned. Most of our itineraries are ideal for families and we suggest that you contact us to discuss the best options before booking.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavor to put things right. If your complaint is not resolved locally, please contact us by telephone. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
Your contract is with BELLAS Y JOVENES S.L., a company registered in Spain under no. B87150421, whose registered office is at c / Numancia 28 4A, 28039 Madrid, Spain. All matters relating to this contract shall be governed by Spanish law.
Validity, date of issue
The validity and date of these conditions are posted on the information sent that give origin to this contract.