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contractual information

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TRAVEL AGREEMENT

1. PARTIES

A) CLIENT already qualified above, as CONTRACTOR.
B) MAKTOUR: Maktour Viagens e Turismo Ltda, Travel and Tourism Agency, CNPJ 57.287.245/0001-69, with main place of business at Avenida Brigadeiro Faria Lima, 1800 - 7º andar, São Paulo-SP - CEP 01452-001 hereinafter called MAKTOUR.
C) TRAVEL AGENCY:
that sign this agreement as legal representative of CLIENT, representing and assisting, exclusively, to the interests of his/her represented/assisted, hereinafter called TRAVEL AGENCY.

2. CONTRACTING LEGAL BASIS.
MAKTOUR has formulate this agreement under Federal Constitution of 1988, Civil Code of 2002, Consumer Defense Code, Brazilian Aeronautics Code and Decree # 5406 dated MARCH 30, 2005, Varsovia Convention and further legislations and deliberations pertinent to the specie and as text suggested by Brazil Tour Operators Association - BRAZTOA.


3. PURPOSE.
The purpose of this agreement is provide services of intermediation, by MAKTOUR to CLIENT consisting in (i) acquisition of travel programs, which shall be organized by MAKTOUR and/or third parties; (ii) reservations and payment of vacancies in lodging; (iii) transportation; (iv) contracting services on reception; transfer and assistance, etc., everything according to the specified conditions previously provided to the CLIENT, Annex I (document, email or fax confirming the reservation), component part of this agreement.
3.1 The MAKTOUR's business activity is remunerated intermediation between supplier and consumers of touristic services, as well the complementary activity to such services, related, generically, in Decree 5406/2005 and detailed on contractual specifications, Annex I (document, email or fax confirming the reservation), component part of this agreement. MAKTOUR therefore, relates services providers legally qualified and suggests the contraction of those which better met to CLIENT requirements and financing conditions and contract the services by your count and order.
3.2 MAKTOUR does not provide directly any touristic services contracted with your intermediation, does not assuming, thus, responsibility, for any and every problem, losses or damages, resulting of Acts of God or force majeure, such as, but not limited to: strikes, disorder, quarantines, wars, natural phenomenon, as earthquakes, seaquakes, volcanoes, hurricanes, floods, spates, snowstorm, frosts or even modifications, delays and/or cancelation of routes due to political, operational and organizational, legal, air traffic, technical, mechanical, and/or  meteorological reasons, about which do not have prediction power or control, as well, by contractual defaulted of services providers, because between them and MAKTOUR do not establish any relation of solidarity or subsidiarity.
3.3. TRAVEL AGENCIES have as aim to realize the intermediation between CLIENT and MAKTOUR.
3.3.1 TRAVEL AGENCIES have as duty the real and faithful transmission of information and conditions of travel provided by MAKTOUR
3.3.2 TRAVEL AGENCY shall inform the client, integrally, of this agreement.


4. INFORMATION ON CONTRACTED SERVICES.
TRAVEL AGENCY and MAKTOUR will provide to the CLIENT and others passengers every information on essential conditions, generals of this agreement, as well as specified conditions, consisted on document, email or fax confirming the reservation, sent day____/____/____, hour_________, thus the directions required to appropriated use of contracted touristic services. If and when the CLIENT is represented by TRAVEL AGENCY, it will assume, with exclusively, the obligation established in this clause.


5. PRICE.
5.1 CLIENT shall pay, for its own requesting, for provided services the amount of R$ _____________________________________ as follows _____________________________________.
5.2 In case of parceled payment, the nonpayment of any parcels of price shall implicate charge of total amount, with anticipated expiration of parcels that still not expired yet, monetarily corrected, by IGP-M, added of moratorium interests of 1% per month, "pro rata die", and moratorium fine of 2% of debit amount nonpaid and shall implicate in immediate termination of this travel intermediation agreement.


6. IMPORTANT WARNINGS.
6.1 Schedule: CLIENT, for appropriated providing of contracted service (lodging/transportation/tour), shall observe the followings defined schedules on travel newsletters, specially, on contractual specifications -  Annex I (document, email or fax confirming the reservation). It is a rule that the CLIENT, shall present to boarding at air company's balcony up to two (2) hours earlier than the foreseen schedule to board in domestic flights, presentation shall be four (4) hours early in international flights. The presentation to boarding in cruisers shall follow rigorously the indicated schedules on contractual specifications - Annex I (document, email or fax confirming the reservation).
6.2 Baggage:  baggage and others CLIENT personal items are not objects of this agreement, being such items travels by Client's count and risk. MAKTOUR is not responsible by loss, theft, robbery, misleading or damages that may occur with baggage over the travel, for any reason, including its handling in transfers when this service exists. In the event of any damage or misleading, CLIENT shall present, at the moment, complaint to the mean of transportation in charge
6.2.1 MAKTOUR does not advise the transportation, in any sort of travel, objects of value or estimating, collections or rarities, including jewelries and money in cash. In case CLIENT intend transports such objects, shall carry them in your hand baggage, avoiding transferring its guard to the air company or any other mean of transportation.
6.2.2 In all and every travel, for any one of different means of transportation, CLIENT shall entitle to transport a limited volume, specified by transporter, besides hand baggage. Such limits are clearly and precisely informed in contractual specifications, Annex I (document, email or fax confirming the reservation). In general, transporters on national and international flights allow to the passenger transports baggage with weight up to 20 kg. CLIENT shall consult; previously, MAKTOUR about volume of weight shall transport and, if exceed the established limits by service provider, must pay the surcharge charged by transporter companies.
6.2.3 It is recommended to CLIENT insure his/her baggage prior travel.
6.2.4 Between contracted services the carrying baggage is not included (in lodging locals, transfers, ships, etc.), except if it is expressly and previously agreed in contractual specifications - Annex I (document, email or fax confirming the reservation).
6.3 Transfers and Tours. Transfers and Tours are regular and complementary tourism services, shared with other people, and performed in a proportional vehicle to the number of people and baggage that will be transported, in compliance with particularities of the local and service to be provided. CLIENT shall present for the beginning of services at defined local and time, because the transporter will not able to delay the transfer and/or the tour to wait CLIENT.
6.3.1 The tour guides performed abroad, are locals and, therefore, may have different folkways from Brazilian people. In additional, they speak local language of destination and, in general, have knowledge in English and/or Spanish. If you have difficulty on local language of destination, CLIENT shall inform MAKTOUR anticipated.
6.3.2 Optional Services. It is common the indication of tours, optional activities, during the CLIENT attendance, who shall contract them directly with service provider of referred services at the destination local, working and quality of such services is not responsibility of MAKTOUR, unless if it is previously and expressly agreed in contractual specifications - Annex I (document, email or fax confirming the reservation).
6.4 Accommodations. The accommodations used in the service provider are, in the rule, standards (basic) category. Any accommodation differenced shall be previously requested and shall const in the contractual specifications. If there is modification of accommodations contracted, by CLIENT, throughout the travel, he/she shall assume the resulting expenses, and it is not reimbursable.
6.4.1 CLIENT shall always respect the check in and checkout schedules in apartments, and/or cabins, related to specific conditions, Annex I (document, e-mail or fax confirming the reservation), in this agreement. The verification of specific conditions is a CLIENT obligation, because the check in and checkout schedules in apartments and cabins, change in national and international travels and due to different services existents. As general rule, services providers allow the entrance of CLIENTS in the apartments and cabins from 4 pm (check in) and the leave (checkout) must be done up to 11 am. These schedules shall be respected, regardless the time of arrival or leave of flight, ships or time of transfer, when this service is contracted. Occupation of the apartment before or after these schedules will bring on extra charge by lodging, directly to CLIENT and it will not be returned by MAKTOUR in any way.
6.4.2 Upon ship discretion and availability and/or lodging, the double apartment may have separated beds or a double one and the triple or quadruple apartment may have folding, cot bed or sofa bed, queen- or king-size bed. If CLIENT wants specific accommodation, shall consult previously its respective price and requires a special reservation and, if available, will be contracted and will const in specific conditions, Annex I (document, email or fax confirming the reservation), integrating part of this agreement.
6.4.3 Additional overnight stays, resulting for airports closure or air company operational problems, will be supported directly by such air companies.
6.4.4 Responsibilities on values: Neither MAKTOUR nor intermediated services provider are responsible by robbery of documents, objects of value and personal throughout the travel. Therefore, CLIENT must to verify the existence of coffer to guard such objects throughout the travel.
6.5 CLIENT documentation of responsibility - VISAS, VACCINES, AUTHORIZATIONS FOR UNDERAGE, ETC. The personal documentation, in original copy, recent, in good condition and within expire date, such as, for example, passport with no less than 6 months of effectiveness on date of boarding, ID card (RG), visas, vaccines, health certificates, travel authorization of underage, etc., is entirely responsibility of CLIENT, MAKTOUR has no responsibility in provides, pays or verifies it. Thus, the impossibility to board in any modality of transportation, resultant of missing, bad condition, or adulteration of documentation, or it is illegible, ripped, adulterated, erased or with no effectiveness, will characterize in travel cancelation, subjecting CLIENT to penalties foreseen in clause 11 below.
6.5.1 CLIENT shall obtain all information about local folkways and documentation required with official bodies for his/her travel, before Infraero, ANAC and/or Federal Police and in the embassies of country to be visited
6.6 Alimentation: The alimentation will be provided according to the requested service and consisting in specific conditions, Annex I (document, email or fax confirming the reservation). The services may include the offer of breakfast, which, in rule, is served in a specific area and in previously established schedules. It may also contracted the service denominated half-board, which means that, CLIENT in additional of breakfast, will received another meal (lunch or dinner). In the modality complete-board, will be available three (3) meals: breakfast, lunch and dinner. The meals shall be served in mean of lodging itself or in another establishment previously contracted. In the modality "all included", will be comprised in the price, every item related by establishments which use this system.
6.6.1 In cases of differentiated alimentary diet, CLIENT shall inform and previously consult MAKTOUR about the possibility of attendance and, in rule, when it is possible, additional tax will be charged.
6.7 Travel Assistance / Insurance - Some international destinations require that passengers contract insurances previously. This information will consist in specific conditions and, however, the correspondent insurance policy shall be acquired by CLIENT. These services may be contracted by passenger with MAKTOUR or by other means you judge adequate. For travels in Brazil, the contracting of insurances or travel assistance CARDS is optional and the services may be acquired or not by intermediating of MAKTOUR and, also, will be, expressly, in specific conditions in Annex I (document, email or fax confirming the reservation).
The CLIENT must identify and acquires an insurance that cover appropriately your necessities.
6.8 Animals. The transportation of animals (pet or not) during the travel depends on prior authorization of transporter, by rule, and may be suffers limitations and charges directly of air companies.
6.9 Smokers. Mostly of establishments of lodging, transportation and alimentation, prohibit all and any sort of smoke inside its installations. In case CLIENT desires access to local allowed smoking, shall previously consult MAKTOUR.
6.10 Guns e Liquids. MAKTOUR informs that transportation of fire guns, knives, pocketknives or any other cutting object or perforating, as well liquids and inflammables shall not be transported in travels, according to security international standards.


7. HIGHWAY TRANSPORTATION.
7.1 In travels on highways, the buses used for touristic services met the rule of comfort and security of local authorities and when contracted, have the escorting services of escort guides. In regions where is necessary, the transportation may be realized with adequate service to the product. In itineraries that make common section, there will be the possibility of two or more groups travel together and, in this case, there will ne no preference in using of seats of transport, regardless that have more time on board of referred vehicle.


8. AIR TRANSPORTATION.
8.1 The airfare ticket is an expression of agreement of air transportation, firmed between CLIENT and the company of transportation, being, however, ruled by international rules (Montreal Convention), described in the ticket itself and/or provided by Air Company.
8.2 The air tickets and travel coupons are personal and no transferable.
8.3 CLIENT shall be responsible for taxes resulting of changes or reimbursement of tickets issued by MAKTOUR which are not responsible, in no hypothesis, by reservation, issuing, changes of any specie, in special names, dates of boarding and landing, cancellation and reimbursement, when the air ticket is not issued by MAKTOUR.
8.4 MAKTOUR is not responsible for any delay of flight, changes of equipments, airports, schedules, routes, scales, connections, alternation between regular/charter flights and vice versa, accidents, loss, breakdown or baggage misleading or any other damage caused to the CLIENT throughout or resulting of air transportation, being right that the responsibility will be exclusively of air company responsible by the transportation according to international rules (Montreal Convention) and Brazilian Aeronautics Code, mainly, when such incidents have as objective preserve the security on the flight; met technic-operationals questions, respect climatic limitations, result in closure of airports, for safety or, further, for determination of aircraft commandant.
8.5 The transportation will be done according to air company discretion that, in general, allow transport a limited volume of baggage, specified by transporter, with no surcharge. The excess of baggage depends on acceptance and eventual availability of each air company, an extra tax may be charged relatively to excess.
8.6 CHARTER FLIGHTS - When CLIENT's displacement is by charter flight, in case of prorogation, flight transferring, by CLIENT, shall not have retreated, unfolding, transferring, reimbursement of non flown section or section prolonging, before impossibility of MAKTOUR and/or service provider recover the paid values by sections not used. MAKTOUR, expressly, recommends to your CLIENT that not use the modality of charter flight, in business travels end/or similar (audiences, exams, operations, connections), when is necessary respect the right and determined schedules, because this modality of transportation allows changing of time and date of leave and arrival of flight. In cases of travel desistance or cancellation with charter flight, shall be observed the rules on item 11, bellow.
8.7 The airfare on charter flights no cumulates points or miles in loyalty plans of air companies.
8.8 The Companies of air transportation keep operational agreements denominated "code-shares", according to such agreements passenger can be transported for another partnership air company, other than issuing company of ticket, without necessity of prior notice to MAKTOUR.
8.9 MAKTOUR is not responsible by eventual accidents of consume or by quality of provided services by air companies, since your business activity characterizes, essentially, by intermediation and not by service providing, are duties of air companies. Thus, any vice or defect on service providing shall be complaint directly with such company.
8.10 MAKTOUR informs your CLIENTS that the air flights may content food or not, depending on the sort of the flight and destination, in some flights, the food and drink may be sell directly by the air company.
8.11 CLIENT recognizes that in the airfare tickets have general clauses of contract which hi/she declares had read and, therefore, knows all rights and obligations established there.


9. MARITIME TRANSPORTATION.
9.1 By rule maritime companies establish a minimum age for passengers that may ranges around 21 years old. Passengers under this age shall be accompanied with an adult in the same cabin. The age limits may be permitted in case of underage couple in honeymoon (with appropriated proof of wedding in the moment of check in) or in case of underage occupying adjacent cabins to his/her parents.
9.2 The maritime company is not responsible for fails to comply arrival and departure schedules related with the harbors of scale. Even all efforts be performed to observation of specifications of cruise, adverse circumstances may require modifications or changes of such obligations. Under these circumstances, neither maritime company nor its associates may be demanded for reimbursement of any percentage of tariff or for reimbursement of others charges, or be demanded for compensations of any nature.
9.3 To board in maritime cruisers, even inside Brazil, may be required the passport, with effectiveness no less than 6 months. Therefore, we advise CLIENT to verify the clause 6.5 oh this agreement.
9.4 CLIENT shall be observe attentively the services offered by ships that are not included in the tariff of cruiser, as internal regulation of maritime company, which release the schedules and programs offered.
9.5 The maritime companies, by rule, prohibited entrance of alcoholic drinks. If CLIENT is holding alcoholic drinks in your baggage, may have to left them in the land, before boarding, to commandant of ship discretion, MAKTOUR is not responsible for any sort of restitution or indemnity in such cases.
9.6 MAKTOUR recommends the prior verification before maritime company about eventual necessity of authorization and visas, including about the eventual necessity of people in charge on ship, in case of underage travelling unaccompanied of their legal representatives.


10. SKI CENTERS.
10.1 Ski centers have equipments for verification of climatic conditions daily and its ski slopes are subjects to closure for bad weather, total or partially, with no prior notice to its users.
10.2 Every time that the climatic conditions discourage or impede the use of ski slopes or means of elevations, the ski centers have wide liberty of decision about the access of users, and do not have obligation to inform MAKTOUR about its decision.
10.3 When there is no possibility to CLIENT enters in the ski center or if one of its slopes is closed, in the terms of antecedent clauses, there will not be devolution of paid values by tickets. CLIENT must to verify the possibility of exchange the ticket with ski center.


11.  CANCELATION/AMENDMENT/TRANSFER OF SERVICES BY CLIENT.
11.1 Understand as cancelation the partial or total desistance of the travel and/or contracted services, as well changes of dates of boarding, entrance, and/or leave and return.
11.2 In case of cancelation by CLIENT, will be charged only desistance or defaulted fine from CLIENT no more than twenty five percent (25%) from the value paid by consumer.
11.3 Eventual prejudice, duly confirmed, of MAKTOUR, resulting of CLIENT desistance or defaulted, will be judicially charged.
11.4 It is desistance from contracted services when CLIENT do not attendance and/or passengers of agreement, in marked time and local for the beginning of the services or the attendance after started its providing.
11.5 In case of cancellation after beginning of the travel, MAKTOUR shall return only the value that can recover from supplier involved and discounted the administrative tax predicted in clause 11.2
11.6 It is a cancellation when transferring by CLIENT of his/her rights to another people.
11.7 After calculate administrative tax predicted in the clause.
11.2 Existing balance, it will be returned to CLIENT in national currency or through deposit in current account, within fifteen (15) day, from solicitation of cancellation date. If the balance is negative (in cases of parceled sell), CLIENT shall pay within fifteen (15) days, from solicitation of cancellation date.
11.8 In case of nonpayment of any parcels of price by CLIENT, on its expire date, MAKTOUR have the right to cancel the contracted services, including air tickets, in such hypothesis, is applied conditions described in 11.2.


12. CANCELLATION / AMENDMENTS OF SERVICES FOR ACT OF STATE AUTHORITY.
12.1 The restriction to ticket or staying of CLIENT at international territory depends on local authorities' unique and exclusive decision, which practice the total control of its frontiers, with power to authorize or not the entrance, staying and leave of goods and people of its territory. It is right linked to the dominance of each country, recognized by international community and rules; in manner MAKTOUR does not have any sort of interference about such decisions.
12.2 Existing the amendment, in such cases (clause 12.1), MAKTOUR does not subject itself to travel reimbursement neither any sort of indemnity by non use of services.


13. TRAVEL DOCUMENTS DELIVERED BY MAKTOUR
13.1 MAKTOUR shall provide the issuing of travel documentation within twenty four (24) hours before contacted travel starts.
13.2. In cases of reservation at last moment, MAKTOUR, reserves itself to the right of deliver the travel documentation in the boarding local directly to the CLIENT.


14. RIGHT LIMITATIONS.
14.1 Every clause that may implicate any limitation to the CLIENT's rights, are, according to article 54, paragraph 3, of Consumer Defense Code, written clearly and highlighted and were previously read, understood, accepted and subscribed by CLIENT.


15. ACCEPTANCE TERM AND AGREEMENT ADHERENCE.
15.1 CLIENT declares, at this moment, by signing this agreement, have read and, therefore, kwon and accept totally all its clauses above and those that are on the overleaf of this instrument, as well the contractual specifications, part of  Annex I (document, email or fax confirming the reservation), integrating part of this document, declaring, further, which met its requesting and that are true all information provided to MAKTOUR assuming, of own free will, all responsibilities established herein.


16. FINAL AND TRANSITORY DISPOSALS.
16.1 CLIENT that requires of help to moves himself or constant help or, further, any sort of necessity or special diet/alimentation or, in additional; in hypothesis of the travel is realized by health reasons or CLIENT has any severe disease or requires special attention, carrier of cardiac help, respiratory devices or similar, further, in case of pregnancy, shall declare your condition to MAKTOUR, at the moment of reservation, in order to possibility MAKTOUR the acquisition of services that better met the necessity of the CLIENT.
16.2 CLIENT authorizes expressly MAKTOUR to consult systems of credit risk (serasa, scpc, etc.) about existence of eventual restriction to credit concession and to receive credit of an eventual financing of debits to third parties.
16.3 If occurs any urgent problem during the travel, that requests MAKTOUR's assistance, CLIENT shall contact through cell phone: +55 (11) 9646-8066 or nextel: 55*2*77839 or through these telephones:
  - Belo Horizonte: +55 (31) 3262-1001
  - Brasília: +55 (61) 3322-0300
  - Campinas: +55 (19) 3252-8222
  - Campo Grande: +55 (67) 3321-6600
  - Curitiba: +55 (41) 3013-4140
  - Florianópolis: +55 (48) 3028-9797
  - Fortaleza: +55 (85) 3198-9888
  - Goiânia: +55 (62) 3541-5000
  - Porto Alegre: +55 (51) 3311-7600
  - Recife: +55 (81) 3328-3333
  - Rio de Janeiro: +55 (21) 2240-8100
  - Salvador: +55 (71) 3271-5555
  - Santos: +55 (13) 3224-4848
  - São Paulo: +55 (11) 3818-2222
  - Argentina - Buenos Aires: +54 (11) 5272-8710


17. JURISDICTION
17.1 Be elected the jurisdiction of Judicial District of Capital of the State of São Paulo to null every and all doubt or controversy emerging from the present agreement. CLIENT hereby declares, at this moment, by signing the present agreement, in three (3) copies, had read and understood all of its clauses, as well the specific disposal included in Annex I, and therefore, accepts totally its conditions, declaring further that are true every information provided to MAKTOUR. If CLIENT does not be the person who will appreciate of the travel CLIENT himself commits to provide total knowledge of this agreement to the passengers.