CONTRACT FOR SERVICES
CONTRACTED PARTY: Special Paraná Turismo Receptivo, a limited liability sole proprietorship (empresa individual de responsabilidade limitada), headquartered at na Rua Voluntários da Pátria, 262, sala 5 | 1º. Andar | Curitiba, Brazil, enrolled in CNPJ under No. 08.636.002/0001-83, hereinafter referred to as “Special Paraná Turismo Receptivo. ”
1. SUBJECT MATTER
The purpose of this instrument is the marketing and acquisition of tourism goods, products and services on the sites www.specialparana.com and/or www.curitiba-travel.com.br.
2. CONTRACTING PARTY/USER / CONDITIONS AND DATA
2.1.2. The CONTRACTING PARTY / USER declares to be aware that prices may change due to exchange rate variations and / or government resolutions that demonstrably change them.
2.2. PRICES INCLUDE:
Prices include only and exclusively what is contained in each description of each package / tour that is chosen, duly made available to the user in advance at www.specialparana.com and/ or at www.curitiba-travel.com.br.
2.3 PRICES DO NOT INCLUDE:
2.3.1. Expenses for travel documentation as well as passports, visas, government taxes and others. Boarding Fees (airport) in Brazil and Abroad; Excess baggage expenses; Tourism taxes; Overnight stays in excess of scheduled times; Meals; Tips for baggage handlers exceeding one volume per person or maximum allowable dimensions; Optional tours; Personal extras (phone calls, laundry, bar, restaurant, sauna, gym, cable TV and others); Different departure transfers to official scheduled return date.
2.4 In general, anything not expressly mentioned in the description of the tour / package is understood to be excluded.
2.4.1. During bus tours, a medium-sized piece of baggage weighing no more than 23 Kg (twenty-three kilograms – 50.7 pounds) per person will be carried free of charge. Excess baggage will be accepted when the capacity of the vehicle allows. Excess baggage will be charged in the amount to be determined at the time of occurrence, and this charge is at the discretion of the local recipient.
2.4.2. During other services (transfers, city tours, etc.), in a private car, vans or private bus, a piece of medium-sized luggage weighing no more than 23 Kg (twenty-three kilograms) per person will be carried free of charge. In case of excess baggage, the local receptive will decide whether to charge a fine or cancel the service. The amount already paid will not be refunded.
2.4.3. Baggage is not subject to a contract of carriage. Therefore, for all intents and purposes, the passenger will always keep said baggage in his/her possession. Whichever part of the vehicle or hotel the luggage is placed in, or transported to, will be at the traveler’s own expense and risk, without the CONTRACTING PARTY being liable for loss, theft, robbery or any damage that may occur as a result of lack of skill, negligence or recklessness.
2.4.4. The CONTRACTING PARTY / USER declares to be aware of the different rules regarding excess baggage, both land and air, and to be responsible for the payment of possible excess due to this divergence.
2.5. and 2.6. CANCELLATIONS AND NON-APPEARANCE:
2.5.1. The CONTRACTING PARTY / USER may request the cancellation of the contracted services according to the following conditions: Within 29 days of the event, if there is a cancellation, the amount of 20% will be charged on the total purchase amount and discounting any losses.
2.5.2. If the cancellation takes place between 28 to 11 days of the event, if there is a cancellation, the amount of 50% of the total purchase amount will be charged and any losses will be discounted.
2.5.3. If the cancellation occurs 10 days or less from the date of the event or in case of no-show, no amount will be refunded.
2.5.4. The CONTRACTING PARTY / USER declares that the cancellation request, in order to be valid, must be formalized in writing and sent by e-mail.
2.5.5. In case of cancellation in special periods: Christmas, New Year, Carnival and Holidays and high season of the destination, the administrative fee charged will always be 80%.
2.6. In cases of cancellation of the trip due to unforeseen circumstances, force majeure or governmental decisions, national and international, which make it impossible to perform, the CONTRACTING PARTY / USER will be credited with the amount paid to the CONTRACTED PARTY, being able to use it to reschedule the contracted services, or hiring another script, within 12 (twelve) months from the date of the contracted service.
2.6.1. If the situation in which it is impossible for the trip to last for a period longer than 6 (six) months after the date of the contracted service, the term of item 2.6 will start when the situations that gave rise to it end.
2.6.2. In the situations provided for in this item, if the CONTRACTING PARTY / USER chooses to cancel his trip and reimburse the amounts, even with the offer of credit granting and rescheduling at no cost, he authorizes the collection by the CONTRACTOR of the fines provided for in item 2.5.1. this instrument.
3.1 The CONTRACTED PARTY is responsible for the planning, organization and execution of the programming and, even though it is an intermediary between the client and the other service providers involved (individuals and companies), The CONTRACTED PARTY is responsible for choosing, under the Brazilian Civil Laws and, where applicable, under the Consumer Protection Act. Accordingly, it is not responsible or liable for any acts, facts or events where the legal liability of other individuals or legal entities is direct or exclusive, as in the case of air, land, water or rail carriers, hotel services and local contracted companies, the CONTRACTING PARTY / USER is aware that the latter must be inserted in the passive pole of any judicial demand.
3.2 Regardless of the liability defined herein, the CONTRACTING PARTY is not responsible for delays, strikes, anticipation of times, weather conditions (storm, snowstorms, storms), natural disasters (such as earthquakes, hurricanes, etc.), government decisions, acts of terrorism, theft and / or robbery, as well as other force majeure or acts of God, and the possible personal expenses arising from such circumstances are the responsibility of the CONTRACTING PARTY / USER.
3.3 Public safety, including the safety of the clients of Special Paraná Turismo Receptivo, will be provided by the authorities of each country, and the CONTRACTED PARTY will not be held jointly and severally liable for any criminal events or facts.
3.4 The CONTRACTING PARTY / USER, during his / her free time or free day of programming, or when on local tours, public visits to museums, theaters, churches and other sights, even when on tour, will ensure their own personal integrity as well as that of his / her belongings. The CONTRACTED PARTY does not bear any responsibility for loss or theft of documents due to negligence, malpractice or recklessness of the CONTRACTING PARTY / USER.
3.5 The CONTRACTED PARTY reserves the right to ask any passenger to abandon the tour for any reason that directly interferes with his / her companions and may hinder the success of the tour; in this case, the passenger is not entitled to any refund for unused services. This event should be written down to term of responsibility and signed by two witnesses.
3.6. The CONTRACTING PARTY reserves the right to change the services contracted, in whole or in part, without prior notice and / or due to force majeure, for the proper progress of the trip, without prejudice to the CONTRACTING PARTY / USER.
3.7 The CONTRACTING PARTY and its partners will be exempted from liability in the provision of service, in case of delay or for any other reason caused by the passengers or third parties. It is local recipient’s discretion to perform the services or charge additional fees. In this case, the passenger is not entitled to any refund for unused services.
4.1 In the case of complaints regarding the provision of services, the CONTRACTING PARTY / USER will send them in writing to the CONTRACTED PARTY’s email not later than 30 (thirty) days after the closing of the services, as per Art. 26, item I, paragraph 1 of the Consumer Protection Code. If the CONTRACTING PARTY / USER does not do so, after this deadline, except in cases of hidden or hard-to-find defect, the contractual relationship will be considered perfect and terminated, and the CONTRACTED PARTY will be exempted from any liability.
4.2 Arbitration by mutual agreement may be adopted to settle any disputes arising from the application of this contract.
4.4 The CONTRACTING PARTY / USER is aware that the legal representatives of Special Paraná Turismo Receptivo, for all legal purposes, are situated at its headquarters at Rua Voluntários da Pátria, 262, room 5 | 1st. Floor | Curitiba / PR.
5. FINAL PROVISIONS
5.1. The CONTRACTING PARTY / USER declares that he /she is aware that it is his / her responsibility to have all necessary documents, passport, visas and vaccines, as well as any other specific destination requirements, duly valid. The CONTRACTING PARTY / USER further states to be aware of the rules governing such documents and their expiration dates.
5.2. The CONTRACTING PARTY / USER must leave his /her home country, with a valid passport and the necessary visas for your travel. The CONTRACTED PARTY will not be responsible, under any circumstances, for any damages, losses or deficiencies that may occasionally occur due to the lack of such documents. In this case, The CONTRACTED PARTY will apply the same conditions of cancellation and voluntary withdrawal of services.
5.3. In case of a group trip, the tour will be made possible with the minimum of passengers informed in the program. If this number is not reached, the trip may be canceled 30 days in advance, with due notice to those involved.
5.4. Check-in and check-out times must be respected. Occupancy before or after these hours will incur an extra daily charges from hotels directly to the passenger.
6.1. By participating in the chosen schedule, the CONTRACTING PARTY / USER, individually, or through its authorized Travel Agency, declares to know, and adhere contractually to, the general and specific conditions related to the program or service purchased.
6.2 The CONTRACTING PARTY / USER and the CONTRACTED PARTY undertake to respect the pre-established times for the operation, according to information from the replacement or responsible guide.
6.3. It is defined that the communications between the CONTRACTING PARTY / USER should be made preferably by email.
6.5. The signature of this instrument will be in digital form upon acceptance of its terms in the CONTRACTED PARTY’s system.
7.1. The parties choose the courts of the City of Curitiba to settle any doubt or dispute arising from this agreement, excluding any other, however privileged they may be.