a) APPLICATIONS AND PAYMENTS: 1) The price and/or reservation of the services composing the tour are subject to modification without prior notice in the event of any alteration of the services or changes in the agreed-upon prices or exchange rates through no fault of the parties. 2) Any amount paid before the final confirmation of the services shall be regarded as deposit. The final confirmation of the services and the respective prices shall occur upon issuance of the tickets and/or service orders and the relevant invoices. 3) On-credit operations shall also meet the specific requirements specifically established for the same. Otherwise, the interested person shall pay any remaining balance within the terms and under the conditions set forth in the agreement.
b) PRICES INCLUDE: accommodations at the hotels mentioned in the itineraries or any other hotel of the same or higher category, occupying single, double, triple rooms, etc., according to the price selected, with private bathroom and taxes. Meals as indicated in each case. Sightseeing tours and excursions mentioned in the agreement. Transport to and from the airport, terminals and hotels, if mentioned. The number of accommodations days agreed upon, taking into account that the arrival and departure times for accommodation at hotels are 3.00 p.m. and 12.00 p.m. of the following day, respectively, regardless of the actual arrival and departure times and whether the service has been used completely or not. The length of the tour shall be established on a case-by-case basis, the first day being the tour departure date and the last day being the date of departure from the destination, including any such day, regardless of the actual departure or arrival times on the first or last day.
c) SERVICES AND OTHER EXCLUDED ITEMS: 1) Extra items, drinks, laundry, tips, boarding fees, rates on services, VAT and other taxes, currently or eventually in force, or any other service that is not expressly included in the service order issued bythe travel agent. 2) Stays, meals and/or additional expenses or damage occasioned by transport cancellations, departure or arrival delays or any other unforeseeable reason beyond the company’s control. 3) Meals en route, except those expressly included in the programs. 4) Expenses arising from on-credit operations plus any interest thereon.
d) RESTRICTIONS ON THE RIGHT OF STAY: The company shall reserve the right to have a passenger dismiss from the tour at any time if, at the company´s discretion, the passenger’s behavior, actions, health condition or any other reason are serious enough as to threaten or upset other passengers or interfere with the success or normal performance of the excursion.
e) DOCUMENTATION: For trips abroad, it is essential that the relevant legislation be complied with in each case. With no exception whatsoever, the agency shall be responsible for providing passengers with sufficient and accurate information, well enough in advance, about the requirements set forth by the relevant migration, customs and health authorities in the destinations included in the tour. The submission of any personal documentation required by the aforementioned authorities shall be the passenger’s sole and exclusive responsibility.
f) CANCELLATIONS AND CONFIRMATIONS: 1) In the event of cancellation of on-credit operations, any amounts paid as reports, administrative expenses, seals and any interest thereon shall not be refundable. 2) In the event that the cancellation affects the services hired in firm by the agency, any refund shall be subject to the contract terms whereby the services are rendered by the respective companies. Whenever a refund is granted, the agency may retain the amount of any expenses incurred plus a commission of 10% for the services hired from third parties. 3) The confirmation of any tour or service may be made not later than 48 hours in advance of the tour departure date. The final confirmation shall occur upon the issuance of the services voucher and the relevant invoice. 4) The passenger shall hand over the services voucher to the company rendering the service at the latter’s request. 5) If tours do not have the required minimum number of passengers, the Company shall be entitled to delay or suspend the tour departure or provide a similar service without passengers’ being entitled to compensation.
g) NON-REGULAR TRANSPORT OR CHARTER. The provisions established in the item above shall apply. Notwithstanding the foregoing, in these cases, only the relevant proportion of the ground services (hotel, board, excursions), as the organizer may from time to time determine based on the service providers’ method of operations, shall be refundable. For this article to be valid, the character of the transport is to be mentioned in the first document submitted to the passenger.
h) TRANSFER AND ASSIGNMENT: The right granted to clients under the agreement for touristic services may be transferred or assigned to third parties not later than 30 days before the tour departure date, provided there is no conflict with the provisions set forth by the carrier, the hotel or the service providers. In the event passengers are different ages (adults - children), the price shall be adjusted according to the price lists. In all cases of transfer or assignment, the company may charge an additional 10% on the agreed-upon amount.
i) LIABILITY: 1) The company expressly represents that it acts as an intermediary in the reservation or hiring of the several services related to and included in the respective tour or service reservation: hotels, restaurants, means of transportation or other providers. Notwithstanding the foregoing, the company’s liability, whether as organizer or intermediary, shall be determined in accordance with the provisions set forth in the International Convention on Travel Contracts, as approved by Law No. 19918. 2) The Company shall not be liable for any event of force majeure or Act of God, climatic conditions or acts of nature that may occur before or during the tour and that may in any way prevent, delay or interfere with the total or partial supply of the services undertaken by the company, in accordance with the provisions of the Argentine Civil Code.
j) ALTERATIONS OR MODIFICATIONS: 1) The company reserves the right, for technical or operating reasons, to alter the daily schedule and/or the services included in the tour, in whole or in part, before or during the performance of the tour. 2) Unless otherwise expressly agreed, the hotels provided for may be changed by others of the same or higher category with no expense to the passenger. With regard to these alterations, the passenger shall not be entitled to compensation. 3) The company may cancel any tour upon the occurrence of any event set forth in Art. 24 of Decree No. 2182/72. 4) Once the trip has started, the suspension, modification or interruption of the services by the passenger for personal reasons of any nature shall not give rise to any claim, reimbursement or refund.
k) ARBITRATION: Any dispute arising from the execution, performance, extension or termination of this agreement may be referred by the parties to the Arbitral Tribunal of the Argentine Association of Travel and Tourism Agencies (Tribunal Arbitral de la Asociación Argentina de Agencias de Viajes y Turismo) and/or any Arbitral Tribunal having jurisdiction over the Region. In the event of such arbitration, the parties hereby accept and undertake to be bound by the terms and conditions of the Rules of the respective Arbitral Tribunal.
l) GOVERING LAW: This Agreement, and the rendering of the services, if applicable, shall be solely governed by these general terms and conditions, Law No. 18829 and its implementing regulations, and the Brussels Convention, as approved by Law No. 19918. These general conditions, together with the remaining documents given to passengers, shall constitute the Travel Contract established in such Convention.
