GENERAL
CONTRACT CONDITIONS OF TOURISTIC SERVICES
ERICA TOUR, (ERICA
TOUR), Company of Trips and Tourism, (E.V.T., Leg 11847,
Res. 916/05), of Latamtour limited liability company, and/or
their Agents act as intermediaries between the client and
the transport services, hotel keepers and, in general, service
providers, in the reservation and hiring of different services,
among them: lodging, means of transport, tour guides, local
restaurants, agencies, etc., linked to or included in the
different touristic packages (i.e. trips, tours, and circuits).
INSCRIPTIONS
When the inscription is made, 30% of
the total trip amount must be deposited and the remaining
balance will be paid before thirty days of the departure
date. The inscription will be considered confirmed by means
of the emission of service vouchers. Amounts paid prior
to acceptance in the concept of a reservation, are not in
any case a definitive confirmation of desired services.
REQUESTS AND PAYMENTS
1) The price considered at the moment
of request for services is left subject to availability
and modifications without previous warning. When such a
change and/or modification take place in their costs and/or
exchange rate, it is not applied due to the involved party.
2) All amounts paid before the confirmation
of services are received in the concept of a reservation.
The definitive confirmation for services and respective
prices will take place with the emission of tickets or service
orders, followed by vouchers and their invoicing.
3) The price balance payment will have
to be fulfilled within the terms and conditions decided
upon by the two parties. In the opposite case, the Company
will be able to cancel services to the passenger, travel
agency or tour operator with previous warning, the interested
party not having any right to a refund.
PRICES INCLUDE
All those services that will be specifically
included in the vouchers. Among them: 1) Transport, according
to that which is specified in the trip ticket. 2) Lodging,
according to room type (simple, double, suite, with private
bath, without private bath), meal plan and amount of passengers
declared in voucher, keeping in mind that lodging calculations
will be managed by the Check-in and Check-out hours of each
establishment. 3) Extra meals, excursions, transfers, show
entrances, etc., listed according to detail in the respective
vouchers. 4) Taxes paid in the vouchers.
PRICES
All trip prices commercialized by ERICA
TOUR are fixed in American dollars or their equivalent in
Argentine pesos and are calculated based on exchange rate,
transport costs and the cost of effective services to the
date. The price is per person with lodging in a double room
of standard category, except for when differently specified.
Those persons travelling alone will
have to pay the supplement of a single room, and similarly
in costs corresponding to transfer and excursions that take
place exclusively for them.
Prices include the services mentioned
in each program. Price variations due to modifications in
transport tariffs, hotels, fluctuations in the type of currency
exchange rate, or the services mentioned in the program
will imply the revision of the final price of the trip.
Group trip prices are based on a minimum
of twenty (20) people travelling together for the entirety
of the trip, except for those trips in which a different
minimum is specified. Consult the particular characteristics
of each trip.
In the case of not having reached sufficient
enrollment, the trip will be able to be annulled. The cancellation
of the trip will be communicated within a minimum of ten
days in advance to the departure date. Trip abandonment
on behalf of the passenger without mediating content modification
on behalf of the company, once initiated, will imply the
resignation of the client and will not be reimbursed for
services non-rendered.
In the same way, a reimbursement will
not be made for services voluntarily not used by the client,
including reasons of disease, death etc., return expenses
being the responsibility of the client.
Flight charter will be considered non
regular aerial flight, that is to say, that which is not
subject to schedules or established routes.
Even when charter flights are involved,
the price of a child’s airplane trip is generally
lower than the adult price.
ERICA TOUR reserves the possibility
to place two children in the same seat, if the situation
so requires. Regulation demands that a smaller child of
2 (two) obligatorily shares the seat with an adult.
The right to place children in different comfort classes
than adults, will take place within the means and general
disposition of airlines staff who therefore may allow it.
Our prices are fixed, and take into account the travel time
of the global duration of the stay.
MODIFICATIONS
In those cases in which justified cause
exists, the company will be exempt from facilitating a partial
or total price for services contracted in the conditions
and stipulated characteristics, reserving the right to cancel
the trip. In these cases, the refunds will be carried out
according to that which is arranged in the CANCELLATIONS
paragraph.
Sufficient causes are considered to
be:
-Greater force or unforseen events
(strikes, warlike events, civil disorders and/or military
insurrections, acts of terrorism, natural disasters, adverse
climatic conditions, epidemics, etc.).
- On the assumption that the company, despite having foresight
and due diligence, cannot have at their disposal, partial
or total hotel reservations, transportation or other contracted
essential services for reasons not due to them.
- When the sufficient number of enrollment
has not been reached, that is the specified number in trip
conditions, pamphlets or announcements, the cancellation
will be communicated with a minimum of ten days in advance.
-When there is a change in tariffs
due to the type of currency exchange, which forces an increase
in trip price and may imply cancellations among those people
signed up.
- When the company is forced to significantly
modify essential elements of the contract, especially price,
for reasons different from the general conditions stipulated
in the PRICES section, the traveller must be notified in
the utmost brevity. He/She will be able to choose to terminate,
having the right to a reimbursement or deduction of operative
expenses, or to accept a supplement of the contract, in
which the introduced modifications and new price are specified.
The traveller will have to notify his decision to the company
by legal means with an advance of ten days.
-Because the contracted airline has
cancelled routes or services to be used by the passenger,
or has suspended or interrupted its activities and the endorsement
of the ticket to other air lines is not possible.
-When hotels or lodgings to be used
in the destinations are found to be totally or partially
inhabitable, and passengers can not be moved to other similar
characteristics and/or category. Demonstrating existing
difficulties in these cases, the company will be able to
offer the travellers possible lodging at the same paid cost,
in places of inferior category.
-By traveller decision, in cases of
recent danger or acts of violence in the place of destination.
-For a change in air line to be used,
its promotions policy, and in the case that passengers,
or the integrated group of them, have reserved tickets at
promotional prices.
CANCELLATIONS
In case of cancellation of services
firmly contracted with third parties on behalf of the passenger,
the cancellations will be subject to the contractual conditions
under which these parties provide service to. In all cases
of a refund, the agency will be able to retain the price
of the incurred expenses plus a 10% commission of contracted
services with third parties.
In all cases, returns will be carried
out according to the criterion of the airline company or
the outside operator with whom services have been contracted.
ERICA TOUR will offer total and absolute
information to the passenger, within possible means, so
that he/she may know its stated policies. Paying attention
to the particular situation in these cases, an electronic
message or fax will constitute as sufficient proof to credit
the answers offered by companies, whom request the return
of paid amounts.
The company reserves the right, for
technical or operative reasons, to completely or partially
alter the daily organization and/or services that compose
tour, before or during the execution of the trip. 2) Unless
otherwise expressed, stipulated hotels could be changed
for others of equal or greater category within the same
urban nucleus without charge to the passenger. In respect
to these variations the passenger will not have any right
to compensation. 3) The company will be able to annul any
tour when some of the circumstances anticipated in Art.
24 of the Decree Nro 2182/72 are formed. 4) Once the trip
has begun, the suspension, modification or interruption
of services on behalf of the passenger for personal reasons
of any nature, will not give rise to complaint, reimbursement
or return of any form.
PRESENTATION
For the efficient running of the trips,
we request that the clients present themselves in the airport
and/or port of embarkation with a minimum of two hours ahead
of the departure schedule, or with greater advance if airport
authority recommendations require a new schedule.
ERICA TOUR does not take responsibility
for economic damages, or damages of any sort, derived from
late passenger arrival at the place of departure in respect
to the indicated schedule. Neither is it responsible for
the activation of a waiting list on behalf of the airline
ticket counter, even when those facts take place in anticipation
and inflict a missed flight.
DOCUMENTATION
All travellers, without exception,
will have to keep their personal documentation in order:
Passport, vaccination certificates, and visas when they
are required. All personal documentation will be the exclusive
responsibility of the client. For trips abroad, passengers
will have to present all the documentation required by corresponding
authorities. The company does not assume responsibility
in any way for the lack of personal documentation or for
not fulfilling the indispensable requirements at the time
of making the trip. Minor children, in the case of not traveling
accompanied by those people legally in charge of them, will
have to present corresponding affidavit and/or judicial
authorizations according to each case.
For trips abroad, it is necessary to
attend to the valid legislation in each case. It is the
inexcusable responsibility of the agency to legally inform
the client in advance for requirements that immigration
and authorities demand and the sanitary conditions of the
destinations that tour includes. Therefore, it is the exclusive
responsibility of the passenger to present personal documentation
that the previously mentioned authorities will demand.
The Company will not be responsible
for the discomfort that passengers may undergo if lacking
necessary documents when leaving or entering this or another
country.
RESPONSIBILITY
The Company specifically declares that
it acts as an intermediary in the reservation or hiring
of different tourist services and its responsibility will
be determined according to the dispositions contained in
the International Relative Convention to Trip Contract,
approved by law 19.918. 2) The Company does not take responsibility
for conditions caused by unforseen events or greater force,
climatic phenomena or acts of nature that occur before or
during the development of services that they prevent, delay
or in any way prevent the total or partial execution of
the benefits. 3) The Company does not take responsibility
for schedule changes, delays and/or cancellations, comfort,
equipment used, etc., of the transporting companies. 4)
In no case will the Company respond for indirect damages
caused by insufficient funds of the passenger. 5) The Company
will not be responsible for the lack of delivery of the
"General Contract Conditions for Tourist Services"
pertinent to the other intervening companies in the hiring
chain every time that it may not be properly demanded by
the passenger.
CHANGE OF DATE
The delay or advance of the dates stipulated
in each case, will be able to be made one single time and
in agreement with the methods, conditions and availability
of the different service lenders, from paying a penalty
surcharge of 10%, and in cases of season change, price differences
will correspond. The Company is exempt from all responsibility
in the case of not being able to satisfy the changes asked
for by the Passenger, those cases being applied to that
which is mentioned in the " CANCELLATIONS" clause.
COMPLAINTS - REIMBURSEMENTS
1) Complaints will have to be presented
in writing within 15 days of the finalization of the trip,
accompanied by proof and backing documentation, and signed
by the passenger. After this deadline, complaints will not
be attended to in any way. In no case will the Company pay
for the possible costs and/or charges and/or taxes and/or
burdens derived from banking transfers that are used to
make any type of return and/or reimbursement and/or refund.
2) In the case of regular flight service, the conditions
are imposed by the transporters with whom the passenger
will be flying, and must be directly understood. The Company
does not have control over these conditions and will offer
all support to help reach a solution.
LUGGAGE: The Company does not take
responsibility for the deterioration and/or rerouting and/or
theft and/or robbery and/or loss of luggage or other personal
object belonging the passengers. It is recommended that
the passenger obtain trip insurance to cover the above mentioned
risks.
II) The luggage of the traveller is
not the objective of the transport contract, being understood
that the passenger will keep it with him/her. Whatever part
of the vehicle in which the luggage is placed for transport,
it is by account and risk of the traveller, without the
company forced to be responsible for loss or damages that
one may suffer during the trip from whatever cause. Free
luggage transport is limited to two suitcases whose gross
weight must not exceed twenty kilograms. It is recommended
that all clients should be present in the operations and
handling of loading and unloading of luggage. As far as
the aerial transport of luggage, we refer to the conditions
of the Airline companies regulated by IATA.
ACCEPTANCE OF THE CLIENT
The present general conditions, along
with the remaining documentation that is given to passengers,
the travel agency, or the tour operator, conform to the
Trip Contract.
These conditions are issued by the
Company, to the travel agency or tour operator at the time
of making a service reservation.
The passenger, the travel agency or
tour operator declare to understand and accept the present
general hiring conditions. This acceptance is ratified by
means of any one of the following acts: 1) Reservation payment
and/or the contracted services before beginning the trip,
by any form or method. 2) The acceptance of the contracted
services invoice. 3) By means of using a portion of any
one of the contracted services.
SERVICES
OR HEADINGS NOT INCLUDED
The services or headings not included:
a) Extra drinks, laundry service, gratuities, telephone
calls/faxes, present and/or future boarding rates, departure
taxes, service taxes, DNT, IVA and other taxes, or any other
service that is not specifically indicated in the service
order emitted by ERICA TOUR and/or their Agents. b) Additional
stay, meals and/or expenses or damages produced by cancellations,
transportation departure or arrival delays, or for unseen,
uncontrollable reasons, that is, expenses for the extension
of services by voluntary desire of the passengers, or derived
from causes of greater force or outside control of the Company.
3) The expenses and interests of operations on credit. 4)
All services or costs that are not specifically indicated
in the voucher.
c) Food in route, except where specifically
included in the programs. d) The expenses and interests
of credit transactions. e) Possible visa expenses, optional
excursions or visits indicated, non-specified meals, drinks
at meals, insurance lenders, passenger assistance, stays
or expenses produced by unforseen events or greater force,
or other parties than the company.
RIGHT OF ADMISSION/EXPULSION
ERICA TOUR and/or their Agents reserve
the right to not admit, accept, and/or cancel services to
any person participating in the service, due to incompatible
conduct of that person with the interests, security and
well-being of the rest of participants of the same service.
Also, the person whose conduct, behavior, health conditions
or other serious reasons as decided by ERICA TOUR and/or
their agents, can cause danger or annoyances to the remaining
passengers, or spoil the success or normal development of
the excursion. These enumerated causes will not be interpreted
as discrimination.
ARBITRATION CLAUSE
All questions that arise in the occasion
of the celebration, fulfillment, breach, extension or rescission
of the present contract, will be subject to the parts and
resolutions of the Arbitration Court of the Argentina Association
of Travel Agencies and Tourism, located at Viamonte Street
640, floor 10º, City of Buenos Aires, subjecting those
contracting services to the conditions established by the
Arbitration Court Regulation.
In the case that some of the parts
refuse to be subject to the judgement of the AAAVYT Arbitration
Court, it will turn to the competence of the Ordinary Courts
of Commercial Law of the Federal Capital of the Argentine
Republic, excluding any other Law or Jurisdiction. In this
case, Argentine Law will only be applicable, with express
resignation to any other foreign Law.
APPLICATION NORMS
The present contract and in its case
the service lending, will be governed exclusively by these
general conditions: Law Nro. 18.829 and its regulation by
the Brussels Convention approved by Law 19.918.
ACCEPTANCE OF THESE CONDITIONS
The fact for contracting some services
of ERICA TOUR implies the knowledge and acceptance on the
part of the client of each and every one of the General
Conditions. The present conditions are given to the passenger
at the time of paying and/or confirming the reservation
for tourist services.
