Terms of Use
Terms and conditions
1. REGISTRATION IN TRAVEL PROGRAMS
When enrolling in any PRESC VIAGENS E TURISMO LTDA (CONTRACTED PARTY), travel program, the CONTRACTING PARTY, passenger(s) and/or eventual intermediary will be accepting all the conditions described in the program brochure, as well as the specific conditions of certain products that, if applicable, will be part of this instrument.
2. DOCUMENTS OF PASSENGER RESPONSABILITY:
Personal documentation, visas, vaccinations, travel insurance, etc., as well as their validity and perfect condition (readable, original documents and without erasures) are the sole responsibility of the passenger. If the passenger does not comply with the above guidance, they will be responsible for their negligence and imprudence, which will immediately give reason for trip cancellation, without any refund of the amounts paid.
In case the destination countries do not grant a visa, the CONTRACTED PARTY will make every effort to release the CONTRACTING PARTY from complying with contractual cancellation penalties and the possibility of altering travel dates, respecting the rules stipulated herein
ADULTS: For international travel, a passport valid for at least 6 (six) months is mandatory, in addition to a visa and vaccines for countries that require them. For national trips, an original Brazilian identity card (RG) issued within last 10 (ten) years is required. Professional class IDs or driver's licenses are NOT ACCEPTED for overseas flights. For further details, please consult the airline or your travel agency.
MINORS: For national and international trips, the same requirements as for adults are applied, and under no circumstances are birth certificates accepted (for international travel). Minors under 18 (eighteen) years old can only travel alone or in the company of older and capable third parties upon presentation of an authorization (model and procedure available at the agency) duly signed by the mother and father (if accompanied by only one, it is necessary the authorization of the other) or legal guardians (custodians or tutor), with an AUTHENTIC notarized signature, that is, upon personal presence at the notary's office of the father and/or mother, or guardians. When one of the parents is deceased, the minor must carry the corresponding ORIGINAL Death Certificate.
The authorization by means of an authentic document must be prepared in the manner provided for in the procedure and model attached to this contract, except in unforeseen situations, in which it will depend on JUDICIAL AUTHORIZATION / JUDICIAL PERMIT issued by the Childhood and Youth Court or other competent body.
3. PASSENGERS WITH SPECIAL NEEDS
The passenger with a chronic illness, serious or not, must declare his condition and travel covered or assisted by specific insurance. The risk of travel under any of the above conditions is the responsibility of the passenger.
In the case of special needs, as in the case of wheelchair users or people with other disabilities, they must inform their condition in advance since the CONTRACTED PARTY will not be responsible for the lack of relevant structure in that country
4. HOTELS / ACCOMMODATION
The hotels are indicated in the brochures of the respective itineraries, but may be substituted, in case of extreme need and urgency with other similar or superior accommodation.
As established by the International Hospitality Laws and Regulations, hotel rooms must be vacated by 12:00 noon, which is they will only be available after 3:00 pm, to allow time for cleaning and tidying.
Hotels, in general, offer 2 (two) single beds or 1 (one) large bed per “standard” room, unless otherwise specified.
5. ITINERARY CHANGES
The CONTRACTED PARTY reserves the right to change or invert any routes, itineraries, tours, or services specified in the program without prior notice, if required for reasons of force majeure, acts of God or passenger safety.
6. TRANSFERS
The transfers, tours and transportations between cities included in the purchased program may be operated by tourist buses, minibuses, van-type vehicles, belonging to local carriers or airlines, depending on the number of passengers.
7. TRAVEL/LUGGAGE RISK
Luggage transportation will be carried according to criteria set by the airline, which, in general, allows on domestic flights, 01 (one) volume of up to 23 (twenty-three) kg and 01 (one) hand luggage of up to 05 (five) kg per person. On international flights, it is generally allowed 02 (two) pieces of up to 32 (thirty-two) kg each, and one (01) hand luggage of up to 05 (five) kg that fits in the overhead bin of the aircraft cabin or under the seat in front of the passenger.
All luggage volumes, including hand luggage, must be identified (name, full address, and telephone number), both on the outside and inside
Luggage and other personal items of the passenger are not object of this contract and will travel at their own risk. The CONTRACTED PARTY will not be responsible for the loss, theft, misplacement, or damage that the luggage may suffer during the trip, for any reason, including its manipulation in transfers, when this service occurs. If the luggage is damaged or lost, the passenger must make his complaint to the company operating the transport immediately.
Passengers who carry jewelry, electronic equipment and other valuables at their own expense and risk are advised to contract insurance detailing their contents.
All rules and procedures relating to luggage, when under the responsibility of the Air Carrier, are regulated by the International Aeronautics Code General Conditions of Carriage contained in the air ticket, Montreal Convention and other rules and regulations resulting from international treaties, that Brazil subscribed to.
8. EXTRA NIGHT AND CHANGE IN DEPARTURE DATE
Airlines reserve the right to rearrange their flights and, consequently, reservations, even creating extra daytime or nocturnal flights to meet the high and concentrated demand. There may be a change in the date of departure and arrival within the contracted season. The chosen itinerary may also be reduced or increased by 01 (one) or 02 (two) nights, which will be refunded or charged accordingly. If an extra night(s) is necessary before the trip, the corresponding amount will be charged to the passenger. If an extra night(s) is necessary after the start of the trip, the expense will be paid by the airlines or the CONTRACTED PARTY, whichever causes it.
Any delays caused by the Air Carrier are the sole responsibility of the Airline, especially if they affect the land services in the program.
9. AIRLINE TICKET ISSUANCE
The air ticket will be issued within the period stipulated by the airline. The fees (boarding, fuel, security, airport) paid to the airline may be readjusted by determination of ANAC and/or the Federal Government, without prior notice, the passenger being aware that they will have to bear any difference in these indicated rates.
10. CANCELLATIONS
These are the General Conditions for Cancellation or Alteration. Specific Conditions for each service and trip will be specified, if different, in the booking confirmation and shall prevail over the General Conditions.
Cancellation is understood as giving up on the trip and/or contracted service, as well as non-attendance on the reservation date (“no show”), without the right to a refund.
The request for cancellation of the trip or contracted service must be communicated, in writing, to the CONTRACTED PARTY, and the penalties will be applied according to the advance notice with which they are communicated
Land services:
Cancellation can be requested within 7 (seven) calendar days from the date of purchase, as provided for in Article 49 of the Consumer Protection Code, if it is not requested within 48 hours before the event or after it takes place.
Air services:
Some of our products use charter flights and/or scheduled flights on a “block-charter” system. In these cases, cancellation, no-show for boarding or non-use of tickets will make the passenger lose the right to another ticket or refund, under the terms of the Brazilian Aeronautical Code.
On regular flights, airline tickets have special rates, implying certain restrictions such as endorsement, route changes, schedules, refunds, etc. Once issued, the penalties provided for in the tariff rules will be applied and, in case of refund, it will take place only after the refund is received from the airline.
The refund period may vary from 45 to 60 days, depending on the procedure adopted by the airline.
It is established that round-trip flights, as well as transit flight legs, when applicable, will be executed in an aircraft of the airlines with which the OPERATOR maintains an agreement, including any charters in a specific contract submitted to the buyer, not being under its responsibility any changes in flight schedules and dates made by the airlines themselves, nor any change of equipment.
The schedule of air services is the sole responsibility of the Carrier, which operates the contracted flights in accordance with the Brazilian Aeronautical Code and Montreal Convention, obliged to the CONTRACTED PARTY under the terms of the transportation contract signed between the parties
11. DEPARTURE DATE ALTERATION
Land services:
In case of alterations to the date of departure on individual trips, at the request of the CONTRACTING PARTY, the CONTRACTING PARTY will pay any fines charged by the suppliers of services and any differences in tariffs arising from the requested alterations.
Air services:
Alterations made prior to issuing the tickets may be carried out at no additional cost, provided there is availability in the same fare class.
Alterations made after issuing the ticket will be subject to the penalties specified in the airline tariff rules.
12. TICKETS
Tickets will be reserved according to the contracted package.
When purchasing the package, the CONTRACTING PARTY must choose the category. However, if the number of tickets of a given category does not meet passenger demand, the CONTRACTED PARTY reserves the right to offer the CONTRACTING PARTY tickets of a higher or lower category, in which case, respectively, the difference in price must be paid by the passenger or refunded by the CONTRACTED PARTY, according to the situation
Delivery of the reserved tickets will only take place at the location informed by the CONTRACTED PARTY upon presentation of the voucher and the passenger’s identification documents.
REFUNDS: There will be no refunds for unused tickets for any reason.
13. PAYMENT EXCHANGE RATE
Considering that the prices of international travel packages are fixed in US DOLLAR and considering that these trips generally consist of air and land services, it is established that the values in FOREIGN CURRENCY will be converted to Brazilian Reals at the tourist exchange rate of day of the actual payment or the day of issuance of the bank slip.
14. ADVANCED PURCHASE
In the case of advanced purchase, that is, of packages that have not yet had their prices set by the suppliers and/or operator, the values in US DOLLAR/EURO of the previous season will be taken as a basis. When the prices are readjusted, the difference shall be paid by the CONTRACTING PARTY. If there is a reduction in the price of the package, the exceeding value will be refunded to the CONTRACTING PARTY
15. TRAVEL AGENCY SPECIAL CONDITIONS
The CONTRACTED PARTY is responsible for the planning, organization, and execution of the travel program, in accordance with the legislation in effect, acting as a travel agency, that is, as an intermediary between its customers and service providers involved in the package delivery. In this capacity, it will employ all possible efforts to remedy any defects in such services, without prejudice to the direct responsibility of air, land, water or rail carriers, hotel services and local contracted companies, who will respond in accordance with the law.
Despite the responsibility defined in this clause, the CONTRACTED PARTY is not responsible for delays, strikes, anticipation of schedules, atmospheric conditions (storms, snowfalls, tempests), natural catastrophes (earthquakes, hurricanes, etc.), government decisions, acts of terrorism, facts of third parties, occurrences caused by the passengers themselves, especially regarding their belongings and behavior, robberies and thefts, cancellation or postponement of the event, as well as other reasons of force majeure or acts of God, with possible personal expenses arising from such circumstances being of passenger's responsibility.
16. FAILURE OF PAYMENT
Failure to pay any installment in full on the due date will result in a fine of 2% (two percent), an interest of 1% (one percent) per month and monetary correction.
Failure to pay for more than 10 (ten) days will also result in the charge of attorney fees, set at 20% of the amount of the unpaid debt.
Without prejudice to the fines and interest described herein, if up to 05 (five) business days before the date of departure the passenger fails to make full payment, this will be understood as withdrawal and cancellation of their participation in the travel program, being, still subject to the fines and other retentions and penalties applied in these cases and described in this instrument. This contract has the force of an Extrajudicial Executive Title, as provided for in art. 585, II, of the Code of Civil Procedure.
17. AUTHORIZATION OF USE OF IMAGE
The passenger, in this document, authorizes the CONTRACTED PARTY to use their image in photos, videos, pamphlets, institutional videos, reports, and other audiovisual exhibitions in any type of media, with advertising purposes only, without any remuneration being due to the passenger or their legal guardians18. TERM OF RESPONSIBILITY
The CONTRACTED PARTY declares that, subject to the general and specific conditions contained in this document, it assumes the obligation of availability of the air and land services in the Travel Program of the passengers
It is hereby established that Tourist Services Request Form no.____ is an integral part of this instrument, which can only be amended in writing, upon execution of the relevant private instrument of contractual amendment.
19. AUTHORIZATION FOR USE OF GEOLOCALIZATION
The passenger hereby authorizes the CONTRACTED PARTY to use the GEOLOCATION of their mobile device for use in any application developed by the CONTRACTED PARTY, distributed exclusively in its official stores in the Play Store and Apple Store, for the provision of necessary information, communication, and operation of contracted products/services.
20. GENERAL RULES
The CONTRACTED PARTY is irrevocably and irreversibly authorized to carry out consultations and provide information to the credit protection services, including Serasa, about the operations carried out in this instrument, and may even send copies for protest in case of payment failure
The jurisdiction of the judicial district of Rio de Janeiro, state of Rio de Janeiro, is elected to resolve all issues arising from this contract, excluding any other jurisdiction
The parties sign this instrument in 2 (two) copies, in the presence of the witnesses below, declaring that they are aware of and in accordance with all the conditions described in this contract and in the identification form