GENERAL CONDITIONS TRIPS AND TOURS, ENGLISH VERSION
REQUESTS AND PAYMENTS
A) The price and or reservation of the services for the tour are subject to modifications without previous warning when there is an alteration of the services, modification of the costs or the rate of exchange foreseen due to causes not responsibility to the parts
B) All the moneys paid before the definite confirmation of the services are perceived as reservation. The reservations are conditional until a 30 % of the total amount of the service is paid. Once this amount is paid the cost of the services will be confirmed and the balance has to be paid, in case of cash payment, with at least 20 days previous to de date of departure, except that the rates suffer an increase, in which case the balance will have to be paid within 24 hours of the notification in order to avoid a price adjustment. The definitive confirmation of the services and prices will be produced with the issue of the tickets and service orders and the corresponding invoice.
C) Credit operations must satisfy the requirements established for them. Otherwise, the solicitor must fulfill the payment of the balances in the terms and conditions established in the contract. Non fulfillment of payment in due time will cause the cancellation of the confirmed reservation and the total loss of the deposit paid, without right to neither reimbursement nor any claim. By making the reservation the travel agent will impose the passenger this general conditions, which will be taken as accepted instantly.
CANCELLATIONS AND REFUNDS, DEADLINES
A) If the passenger had paid any amount as an advance toward the reservation and services to third parties had been firmly contracted (except the regular air transportation that will be ruled by the condition of the air carriers, air charters and non regular bus service, which is contemplated in the next paragraph) the reimbursement of the moneys paid by the passenger will be subject to the contract conditions of the companies that provide those services. The travel agent will be able to deduct from the moneys to reimburse the price of the expenses incurred when making the reservations to the third parties, plus a commission of ten percent over the cost of the services already contracted with them as compensation.
B) Without prejudice of the concepts mentioned in the previous paragraph, in credit operations there will be no reimbursement of the amounts paid as information, administrative expenses, stamps and interest. In case of modification of reservations already confirmed but without documentation issued, a 50 USD charge will apply as administrative costs and communication costs. If the total amount had been paid in cash or with credit card, and the passenger request the cancellation, this will be subject to the following reimbursements
- If the cancellation is made within the time frame described as follows, the tour operator will make the following deductions over the total price of the trip
- 20 days previous to the date of departure, 30 %
- Between 14 and 19 days before departure 50 %
- 14 to 7 days before departure 70 %
- Within 6 days of departure 100 %
C) In case the passenger does is not present at the time and date established for the departure, whatever the cause or reason, retention of 100 % of the payment as compensation for the services hired.
Article 21, Decree 2182/72; When it Is related to cancellations that affect the services firmly contracted by the OPERATOR the refund will be subject to the contract conditions under which the respective companies offer their services. In case refunds are made, the agencies will have a right to deduct for them a 10 % of their value. When it is a refund for unused services and in case the refund is not effective immediately, the agencies will have to send the providing companies within 5 days of received the claim, the request for confirmation of the moneys requested by the passenger. They will have to reimburse those moneys within 10 days following the receipt of the settlement.
NON REGULAR TRANSPORTATION – CHARTER
If space in the transportation mean (air or land) had been confirmed and the passenger desists, the amount corresponding to the ticket will not be reimbursed to the passenger. If for reason of weather conditions or force majeure the transport company can not fulfill the schedules and itinerary foreseen and the passenger decide to cancel a full paid contracted trip, the passenger will have no right to claim the reimbursement of the ticket or any compensation. For this clause to be effective, it is mandatory to determine the quality of the transportation in the first document given to the passenger.
CESION AND TRANSFERENCE
The right given to the client, the contract for touristic services, can be given or transferred to another persons until thirty days previous to the date of departure, whenever it does not conflict with the air transport or ground supplier´s general conditions. In the assumption that the ages of the passengers to whom the services are given or transferred vary, the price will adjust accordingly. In all cases the operator will perceive a commission of 10 % over the total price.
Ground Services and or air services, lodging in hotels mentioned in the itinerary or others of similar or superior category, occupying single, double triple rooms according to the rate selected, with private bathroom, taxes and meals, visits and excursions, transfers to and from the airports, terminals and hotels, as specified in each program. The amount of days foreseen, keeping in mind the arrival and departure and the complete or partial use of the same, depending of the destinations and services contracted. The duration of the tour will be indicated in each case, taking as the first day the day of departure and as last day the day of departure from destination, independently of the time or arrival or departure the first day or the last day.
SERVICES AND OTHER ACTIVITIES NOT INCLUDED
a) Beverages, laundry, extras at hotels, tips, communication costs, embarkation taxes, service tax. Value added tax and other taxes in effect or to be created in the future and any other service, tax not specifically indicated in the service order issued by the operator.
b) Stays, meals, additional expenses due to delays in departures or reasons beyond the operator’s responsibility, park tickets, and cost of visas in frontiers when necessary.
c) Food in route, except those that are specifically included in the programs
d) Expenses and interest in credit contracts
LIMITATION TO THE RIGHT OF PERMANENCE
The operator reserves the right to exclude of the tour in any point of the itinerary, to any passenger whose behavior, health state or any other serious reason in the operator’s judgment can create danger or disturb the rest of the passengers, affecting the normal development of the tour.
For trips abroad it is necessary to attend the legislation in force in each case. It is responsibility of the operators to inform to the travel agency selling its product, with enough advance about the requirements in place by immigration authorities, customs and sanitary of the respective destinations included in the tour, being exclusive responsibility of the passenger to have all documents in order and in proper conservation conditions, as required by the mentioned authorities. For the excursions done out of the argentine frontiers, the passengers must count with the documentation required for migratory formalities. In that sense, the operator declines all responsibility respect of the cases in that a passenger can not fulfill that formality due lack of proper valid documentation, so as due to lack of proper visas according to nationality. Minors of age; apart from the personal documentation, when traveling in company of the father and the mother, the matrimonial book or birth certificate, properly legalized. When traveling alone or accompanied by only one of their parents they must present the authorization of both parents. In both cases the authorization must be extended by notary public and properly authenticated by the notary public association. These documents must be valid at the date of embarkation and in perfect conservation conditions.
A) The Operators specifically declare that they perform as intermediaries in the reservation and contracting of the different services related and included in the respective tour (Hotels, transportation means, restaurants and other suppliers). Nevertheless, the responsibility of the operators be it as intermediary or organizers of the respective tour, will be determined according to dispositions contained in the International Convention related to Travel Contract, approved by Law 19.918
B) The operators assume no responsibility for any situation due to force majeure, weather conditions or natural events before or during the development of the tour, which prevents, delay or prevent the total or partial development of the tour, according to the civil code. “In case of programs that include transportation, hotels, programmed excursions, they can be delayed, suspended or cancelled if the minimum number of passengers necessary for the normal fulfillment of the tour is not met, being entitled the passengers to the refund of the moneys paid in total without interest or compensation. If for reasons beyond the control of operator, force majeure, weather and other reasons the trip extends beyond the established duration of the tour, the expenses caused for the extension of the stay (lodging, meals) will be exclusive responsibility of the passenger.
C) The operators are not responsible for damages to persons and luggage, being in charge of the respective suppliers
D) When the transportation is made by buses (own or rented) the traveler unconditionally agree to submit to the legislation in the matter of accidents by route of the nation where such a vehicle is registered.
ALTERATIONS – MODIFICATIONS
The operators reserve the right, for technical reasons or operative reasons to alter total or partially the daily order of the services that are part of the tour, before or during the execution of the same. Except due to express conditions of the contract, the hotels can be changed by others of equal or higher category within the same urban nucleus without charge for the passenger and without right to compensation for this. The operators can suspend any tour, in case of any circumstance foreseen in the article 24 of the decree 2182/72. Once the trips has begun, the suspension, modification or interruption of the services by the passenger for personal reasons of any kind, will not give place to claim, reimbursement or compensation.
In case of claims or complaints, they must be received by the operator, within the deadline of fifteen days as from the date of finalization of the tour.
Any issue that arises due to celebration, fulfillment, extension, modification or cancellation of the present contract, can be submitted by any part to mediation, or in case of lack of arbitration, thru the “Tribunal Arbitral de la Association Argentina de Viajes y Turismo.
The present contract is ruled exclusively by the present general conditions, by law 18.829, its regulations and complementary resolutions and by the Brussels convention, ratified by law 19.918. “In case of non fulfillment of the operator with the service offered and hired, it will be possible to appeal to the Secretariat of Tourism of the Nation and/or the Direction of Consumer Defense.
Secretaria de Turismo: Suipacha 1111 pisos 7, 13, 20 y 21 Te: 4312-5611/15
Dirección de Defensa del Consumidor y Lealtad Comercial Ministerio de Economía de la Nación Av. Julio A. Roca 651, piso 4° Sector 4. Ciudad de Buenos Aires Tel.: Gratuito: 0800-666-61518 Tel.: para consultas: 4349-4089/4076/3000
The present general conditions, together with the detail of services to be given, transportation tickets, service orders and invoices issued will be the contract of travel established by the convention of Brussels (ratified by argentine law 19.918)
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