Terms and Conditions
TERMS AND CONDITIONS
1. ACCEPTANCE OF THE CONTRACT:
Upon purchase of the tour package from an authorized booking agency, the terms and conditions set forth herein become a binding contract between the purchaser and the operator (Amazon River Adventures, LLC which from this point will be referred to as "ARA"). Acceptance of this contract occurs when deposit is received by ARA at its office. Purchaser represents by tender of payment that the completed trip itinerary that was prepared for purchaser by ARA has been reviewed and that it meets purchaser's expectations and requests.
The angling tour package purchased by the purchaser from ARA consists of the "Trip Itinerary" prepared by ARA for pre-paid angling travel and associated services. The itinerary is the written travel schedule listing, scheduled daily activities, and travel services purchased. In the event of a difference between information contained within brochures, websites, magazines and that contained in the official itinerary prepared on ARA stationary, the language of the itinerary shall control. ARA is bound by only the terms and conditions contained in the itinerary it delivers to the purchaser.
a. Confirmation of Travel Arrangements.
Travel arrangements are not confirmed until ARA has received the required deposits and purchaser has received formal "Trip Confirmation Notice" from ARA that such deposits have been received.
b. Hotel/Lodge Accommodations.
It is anticipated that the hotel, houseboat and/or lodge accommodations shown in brochures, websites, and other trip literature, will be utilized; however, comparably classified accommodations may be substituted at the time the specific itinerary is prepared. Hotel and/or lodge accommodation classification standards used at the location involved do not necessarily refer to standards used at any other location.
Transfer refers to transportation from one location to another, generally between airport and hotel and/or between hotel and the fishery, and unless otherwise stated on itinerary, refers to a seat in a bus, van, car plane or other vehicle. Determination of the appropriateness of vehicle shall be determined by the provider of the service.
3. RESERVATIONS AND PAYMENT:
To reserve space on any angling package offered by ARA, a non-refundable deposit will be required. This deposit will be $1,500 per participant on all trips, unless specifically stated otherwise. Early reservations are essential to guarantee your accommodations at the particular fishery on the date you wish to travel. Reservations made within 60 days of the departure require full payment, and possibly additional charges for expenses incurred due to special mailing, fax charges, etc. Final payment is due 60 days prior to departure. If this final installment is not paid when due, ARA reserves the right to treat the reservation as canceled. Payment is via check, money order, wire or bank transfer only.
Purchaser is responsible for selecting a trip appropriate to his or her health, physical abilities and interests. The enjoyment of the other tour members, and a refund of recoverable land tour services will be the limit of ARA’s liability in this particular situation.
5. PRICE OF THE PACKAGE:
The angling tour package price includes all the pre-paid travel services represented by the official written "Price List" provided to the purchaser.
a. All prices are accurate and available at the time of publication. Prices do not include air fare unless otherwise stated in the angling package itinerary.
b. Until full payment is received from purchaser, prices are subject to change, due to fluctuations in tariffs, exchange rates and other factors beyond ARA’s control. If the group falls below the minimum passenger requirement, the trip is subject to cancellation, or re-pricing and purchaser will be notified in writing.
c. ARA has no obligation to provide purchaser with any information concerning its costs in establishing the price of the tour package.
d. Price does not include charges for airfares, passports, visas, inoculations, liquor and alcoholic beverages, excess baggage charges, trip cancellation or interruption, accident and baggage insurance, or transportation not included in the itinerary, optional tours, items of a personal nature, tips to staff personnel, items not specifically listed as included and international airport departure taxes. If the above items are listed as included in the trip package price, consider them included.
6. CANCELLATION POLICY:
Once a reservation is made and the deposit check received, there will be no refunds of any monies paid toward the designated trip. However, if notice is given at least 60 days prior to departure, all monies paid may be applied to the then current retail price for a future trip to the same location. The trip must be taken within 12 months from the date of the cancelled trip.
We suggest you purchase trip insurance 10-15 days after initial deposit for your trip. In the event that you must cancel your trip due to illness, family crisis, or other emergency, this insurance reimburses you for non-refundable trip costs. This insurance also provides for limited accident and baggage coverage. If desired, you may purchase trip insurance through our office.
No refunds are given for any unused pre-paid services included in the angling tour package or any changes made in the itinerary while en-route, including changes in hotel accommodations, excursions, and transportation services.
ARA reserves the right, and such right is hereby granted to ARA by the acceptance of these terms and conditions, to use any photographic/video images taken by clients or staff on this trip for any brochure, magazine, video, website or other promotional media on behalf of ARA, any operations it represents, and/or any associated companies.
10. CHANGES IN ITINERARY:
ARA reserves the right to:
- a. Make changes or cancellations in services where such changes are made necessary by circumstances beyond ARA's control, including use of different modes of transportation, changing fishing locations, and substituting similar hotel and/or boat accommodations for those designated in the itinerary.
- b. Use of different modes of transportation, changing fishing locations, and substituting similar hotel and/or boat accommodations for those designated in the itinerary.
c. Cancel any trip due to inadequate sign-up, which makes the trip economically unfeasible to operate. In such cases, a full refund of the payments received by ARA for the trip is the limit of ARA’S liability.
11. WARRANTY DISCLAIMER:
No guarantees or warranties, expressed or implied, are made that the tour package will meet all of the traveler's expectations, specifically regarding weather or fishing conditions.
12. AIRFARE CONSIDERATIONS:
ARA cannot be responsible for any part of the fishing package that might be missed because of cancellations, delays due to weather or mechanical problems of commercial airlines. ARA will make a reasonable effort to assist the Purchaser in transferring to the fishing destination, but Purchaser is responsible for any additional expenses incurred in making this transfer.
ARA is the operator of certain fishing yachts in Brazil and as such will employ independent contractors to provide services including, but not limited to, Charter Air Flights, Hotel and Restaurant Accommodations, and Fishing Guide Services. Group organizers, travelers and tour participants, individually and jointly, release ARA from any and all liability and responsibility, known or unknown, present or future, for any and all loss, injury to person, damage to property, or accident, or which may be the result of any delay or change of itinerary, or irregularity connected with the tour package purchased, which is beyond its control, including but not limited to, acts of God, transportation problems, fire, machinery or equipment malfunction or failure, government actions, wars, terrorist activities, civil disturbances, labor disputes, riots, thefts, sickness, or weather, and which includes all expenses or damages, direct or consequential, claimed or sustained by group organizers, tour participants, or travelers, and waive ARA based on any claim of negligence by any of the suppliers of services included in the tour package. All baggage shall be carried at participant's own risk. Purchaser is solely responsible for obtaining necessary travel documents for the areas visited. This release is binding upon group organizers, tour participants, their representatives, heirs and assigns.
14. CHOICE OF LAW AND VENUE:
All questions of law in any action based upon any claim of breach of this agreement shall be determined in accordance with the laws of the Amazonas State in Brazil as existing at the time of such action. Any action brought by either party based on any claim arising under or as a result of this contract or based on the tour package of which it is a part, shall be brought in a court of competent jurisdiction in Manaus, Amazonas, Brazil.