General Terms and Conditions of Sale
1. COMPANY DATA
ECOSUL TURISMO ECOLOGICO E RURAL LTDA (hereinafter simply referred to as “ECOSUL TURISMO”:
Society Business Company Limited with share capital of BRL 30,000.00
Santa Luzia Farm – Km. 14 Road Santa Luzia - Una – 45865-000 SANTA LUZIA
Registration with the Board Bahia State Office: NIRE/CNPJ 29 2 0467397-1 / 35.352.346/ 0001-33
Phone: +55 73 9 9977-6437
Email: contato@ecosulturismo.com
2. PURPOSE AND FIELD OF APPLICATION
The online purchase and the carrying out of Ecosul Turismo's activities, as well as any associated benefits are subject to these General Terms and Conditions of Sale of the website "ecosulturismo.com", as well as the General Terms and Conditions of Sale that prevail over any Ecosul Turismo document, especially prospectuses, advertisements and/or other customer documents, including any and all general terms and conditions of purchase, the latter not being enforceable against Ecosul Turismo. Any and all requests for online provision unfold, by operation of law, in the customer's adherence without any reservations to these General Terms and Conditions of Sale.
Definition
2.1 - Touristic guide
Natural person qualified as a guide for visitors, hired by the authorized company to receive and guide visitors during the services, passing on information of an educational nature about the conscious conduct of visitation in natural environments, in addition to sensitizing them about the importance of conservation of the species seen.
2.2 - Vessel pilot
Person hired by the client or by Ecosul Turismo, qualified to drive the vessel during vessel rental activities (charter) for various purposes.
2.3 - Customer or client
Whoever receives commercial supplies or services from Ecosul Turismo, for consideration. Any person included in the reservation will be considered a customer even if payment for their presence has not been made directly by them.
2.4 - Booking
A booking is defined by a single booking act for a single person or a group of customers.
2.5 - Tourism product
A tourism product refers to any product, activity or service offered by the company. When details are needed, the conditions of sale will be described differently for each product.
2.6 - Sailing areas
2.6.1 - “Interior 1” are protected waters as lakes, bay, rivers and canal, where there is normaly no significant waves that could represent a difficulty for vessels traffic.
2.6.2 - “Interior 2” are partially protected waters, where there are some significant waves high and/or a combination of environmental factors as wind, currents or tide that can cause difficulties for vessel traffic.
2.6.3 - “Coastal” are the areas between national and foreign harbours within the limit of the visibility of the coast no more than 20 nautical miles.
2.6.4 - “Oceanic” areas, or no restriction area, are the areas between national and foreign harbours off the limit of visibility of the coast without any other limitations.
3. PERSONAL DATA
Concerned with the respect of privacy and the protection of the information that the Client provides, Ecosul Turismo respects the applicable legislation in force regarding the respect of privacy. The company that manages the website “ecosulturismo.com” was declared with JUCEB under NIRE/CNPJ 29 2 0467397-1 / 35.352.346/0001-33. We remind you that, in accordance with the “informatics and freedoms” law, the customer has the right to access, rectify and delete data concerning him. To do so, all you have to do is contact Ecosul Turismo using the contact methods as announced in article 1 of these General Terms and Conditions of Sale.
4. ORDER
4.1 - Tourist products can be booked directly online at the ecosulturismo.com website, where they are centralized, taking advantage of secure payment by credit card or Pix. Reservations can also be made by direct contact, through a telephone number. When there is a reservation through direct contact, reservations must be made manually by the company.
The Client chooses the tourism product on the Ecosul Turismo website among the available options. When placing your order, people with reduced mobility are invited to inquire with Ecosul Turismo about the accessibility due to structures available for the tourism product they chose.
4.2 - The insertion of an e-mail address and a valid phone number is mandatory on the Ecosul Turismo website, so that the company can send the Customer the confirmation of their reservation and confirmation or cancel the tourism product the day before, following the conditions needed for each tourism product. Ecosul Turismo reserves the right to use the customer's e-mail address in order to inform them about current events or to inform them of special offers.
4.3 - Payment can be made by credit card, cash, Pix and bank transfer.
The payment of the order through the website is processed through the online payment system of Mercado Pago, Paypal or Wix Payement system. The Customer must, prior and imperatively, mark the option through which he acknowledges having become aware of the General Terms and Conditions of Sale online, which he accepts, on the other hand renouncing to avail himself of his own terms and conditions or any other terms and conditions.
4.4 - As soon as payment is made on the secure Wix website, a screen summarizing the order made by the customer will be displayed. Afterwards, Ecosul Turismo will send the customer the order confirmation by e-mail. The customer must present himself, on the day scheduled for the activity, with his order confirmation email or printed at the place provided for the performance of the service.
4.5 - The Ecosul Turismo system confirms that the order confirmation has been properly sent, but not that the customer has received it. Consequently, if the customer does not receive this confirmation, it will be up to him to contact Ecosul Turismo using the coordinates set out in article 1 of these terms and conditions, so that a second email can be sent confirmation. It is up to the customer to enter a valid email address to receive their booking confirmation. Under no circumstances can Ecosul Turismo be held liable if the customer does not receive the confirmation email as a result of an error on his part when entering the contact details.
5. SALE PRICE AND PAYMENT METHOD
5.1 - The prices invoiced by Ecosul Turismo are indicated in Reais, with all taxes and fees included, and are set based on the tariff conditions in force on the date of the order, which are available upon simple request from the customer. Announced prices may be revised without prior notice, notably in the event of the creation of any new fee or new charge and/or any change in current fees or charges, which automatically result in a price adjustment.
5.2 - It is up to the Customer to verify, before final validation of his order, whether the price suits him. No further arguments concerning the price will be taken into account.
5.3 - Online payment takes place through the Mercado Pago, Paypal or Wix payement system. The order validated by the customer will only be carried out when the payment centers have given their consent.
5.4 - Payment for the reservation must be made at least 24 hours before the start time of the tourist product when the purchase is made through the website. In the case of direct payment to Ecosul Turismo, payment for the reservation must be made preferably 24 hours before the start time of the tourist product. Any payment made less than 24 hours in advance must be previously approved by Ecosul Turismo.
5.5 - Full payment must be completed at the reservation.
6. CANCELLATION / AMENDMENT
6.1 - In case of cancellation of a tourist product by Ecosul Turismo before the start of the product, for whatever reason and especially in the cases dealt with in article 8 of this document, the customer may request a full refund of the amount already paid, excluding fees issued by third-party organizations or be admitted on a different date or tourist product, depending on the availability of the vessel (in the case of charter) or available vacancies (in the case of land visits).
6.2 - In the case of cancellation or modification of a reservation by the customer, the full refund of the amount already paid apart from fees issued by third-party organizations can only be made if the order has been cancelled or modified up to 24 hours before the start time of the tourist product. For cancellation or modification of a reservation by the customer within the last 24 hours before the tourism product time, only 50% of the amount already paid will be refunded, apart fees issued by third-party organizations. Any cancellations, absences, or delays beyond thirty minutes on the day of the tourist activity are non-refundable.
6.3 - Boat rentals (charter) proposed by Ecosul Turismo require good weather conditions. If a charter is cancelled due to bad weather, Ecosul Turismo will offer a different date or a full refund of the amount already paid, excluding fees issued by third-party organizations.
6.4 - Some tourist activities sold by Ecosul Turismo require a minimum number of people for the reservation to be confirmed (for more information see 9.3). If the reservation is cancelled due to lack of participants, Ecosul Turismo will offer a different date or a full refund of the amount already paid, excluding fees issued by third-party organizations.
7. DISCOUNTS AND DONATIONS TO THIRD PARTIES
7.1 - Any discounts offered by Ecosul Turismo to customers are applicable only to specific products or services as determined by Ecosul Turismo. These discounts are not cumulative, which means that only one discount can be used per transaction.
7.2 - Additionally, Ecosul Turismo reserves the right to make donations to third parties, as established in agreements or internal policies. These donations are independent of discounts and cannot be combined or accumulated with any discount offered to customers.
7.3 - Any attempt to use multiple discounts in a single transaction or combine a discount with a donation will result in the selection of only one benefit, at the sole discretion of Ecosul Turismo.
7.4 - Ecosul Turismo reserves the right to change or cancel discounts and donations to third parties at any time, without prior notice. Any changes will be applied from the moment they are disclosed through official channels of Ecosul Turismo.
7.5 - By making a purchase or transaction with Ecosul Turismo, the customer agrees and acknowledges having read, understood, and accepted the above conditions regarding discounts and donations to third parties, and cannot demand the cumulativeness of benefits
8. CLAIMS
Complaints of a commercial nature or relating to the quality of tourist activities must be addressed by registered letter with acknowledgment of receipt to the company ECOSUL TURISMO ECOLOGICO E RURAL LTDA, Fazenda Santa Luzia – Km. 14 Estrada Santa Luzia - Una – 45865000 SANTA LUZIA, at the latest within a period of 10 days, counted from the date of the service provided. Complaints will only be accepted if the difficulties to which they refer have been indicated in loco, in order to make it possible to remedy them and limit the damage that could be invoked by the customer. To expedite the processing of the complaint, an e-mail can also be sent. In any case, e-mail cannot replace registered letter with acknowledgment of receipt.
9. DEVELOPMENT OF TOURIST ACTIVITIES
9.1 - Rights and Obligations of Ecosul Turismo
9.1.1 - Ecosul Turismo undertakes to provide the appropriate means to ensure the perfect development of tourism products, under the conditions set out in the order.
9.1.2 - As boat rentals (charter) are subject to the rules applicable to coastal navigation, Ecosul Turismo reserves the right to change, without prior notice or compensation, its boat rentals (especially with regard to the itinerary, duration, timetables...) or to cancel them at any time, including on the day of departure, in application of the aforementioned rules or, especially and without this list being limiting, in case of force majeure, strong wind, bad weather, storms, instructions from public administration, mechanical incidents and, more generally, any event capable of endangering the safety of people and property.
9.1.3 - The determination of the minimum number of participants depends on the tourist activity (see 8.3). Ecosul Turismo reserves the right to refuse boarding to customers under 18 who are not accompanied by adults. The minimum age required and the number of adults per child are specific to each tourist product (for more information see paragraph 8.3).
9.1.4 - It is up to the tour guide (visitors guide) to receive and guide visitors before and during tourist products, passing on information of an educational nature about the conscious conduct of visitation in natural environments, addressing aspects of the behavior and biology of the species found and characteristics of the environment where the service is carried out, in addition to informing them about the procedures that will be adopted during the observation, making them aware of the importance of conservation of the sighted species.
9.2 - Customers' Rights and Obligations
9.2.1 - At the latest 15 minutes before the scheduled time for the start of the activity, the client must show up at the previously defined location.
9.2.2 - Ecosul Turismo reserves the right to refuse service to customers whose behavior (for example, being drunk) is capable of disturbing the due course of the service. The presence of any animal or material that may prove to be dangerous for the animals that will be observed, or for people, will also not be admitted.
9.2.3 - From the moment the activity begins, each client must strictly comply with the safety determinations and instructions given by the visitor guide and, if applicable, by the boat's crew, being obliged to ensure their own safety and that of the people whose guard belonging to him and/or goods (clothes, luggage and other personal items) of which he is the owner, holder or custodian.
9.2.4 - Before the activity, the client will have to sign a term of responsibility assuming all the rules and procedures specified by the service operator. Everyone's safety is a priority.
9.3 - Specific observations for each commercialized tourist activity
9.3.1 - Boat rental (charter) for whale watching or other trips to the sea, coastal zone, estuarine zone, river or lagoon.
9.3.1.1 - Before departure, instructions and safety recommendations will be provided, as well as information about navigation time. The boarding location will be indicated with the confirmation of the charter up to 12 hours in advance.
9.3.1.2 - The maximum number of passengers is defined by the vessel's regulatory capacity limit. The minimum weight required for coastal trips is 25kg and for interior trips is 10kg. All minors must be accompanied by adults. Each child must be accompanied by at least one adult. The number of children cannot exceed the number of adults. The use of life jackets is mandatory inside the vessel during all the duration of the trip.
9.3.1.3 - The vessel rental (charter) can only be carried out in good weather conditions, conditions declared satisfactory by the crew responsible for the vessel and port authorities.
9.3.1.4 - The waiting tolerance will be 30 minutes from the scheduled time for the start of the activity. Those who do not show up before the instructions and safety recommendations will be excluded from the tour without the right to refund.
9.3.1.5 - As with any activity related to nature, Ecosul Turismo has no control over the conditions and results of charters for observing wildlife. Thus, the company cannot guarantee the observation of a specific species or behavior during all tourist products. Under no circumstances will Ecosul Turismo offer reimbursement or any other compensation in case of absence of observation of the animals to be sought or of any specific behavior.
9.3.1.6 - When observing cetaceans, they will be approached in accordance with internationally accepted standards and with Federal Law No. 7643 of 1987 and Ordinance No. 117 of 1996 (Amended by Ordinance No. 24 of 2002) against hunting and harassing cetaceans, and Decree No. 6,698, of 2008, which regulates whale watching in Brazilian waters.
10. RESPONSIBILITY
10.1 - As vessel rentals (charter) are subject to the set of rules applicable to coastal navigation, Ecosul Turismo reserves the right to judge whether or not sea conditions are navigable and cannot, under any circumstances, be held liable in the event of alteration or cancellation of a charter vessel resulting from the application of the aforementioned rules and, more generally, for any event capable of endangering the safety of persons and property.
10.2 - Under no circumstances will Ecosul Turismo be liable for damages of any nature resulting especially from cases of force majeure, strong wind, bad weather, storms, instructions from the public administration, mechanical incidents and, more generally, for any other event, of whatever nature, regardless of the will of Ecosul Turismo.
10.3 - Ecosul Turismo disclaims any responsibility in case of theft or damage caused to clothes, hand luggage and other personal items of customers, as well as in case of damage and injuries that may occur in case of disrespect by the customer of the prohibitions and measures presented.
10.4 - Ecosul Turismo reserves the right to charge the customer for any and all material damage caused to the boat and its equipment, by him, and more generally, by any person for whom he is responsible (minor in his company, group member, etc.).
10.5 - Ecosul Turismo disclaims any liability in the event of non-compliance by the customer with these General Terms and Conditions of Sale and general and particular police regulations resulting from such non-compliance.
10.5 - Ecosul Turismo cannot be held responsible in the online sales process, its responsibility cannot under any circumstances be required due to damage resulting from the use of the Internet network, such as loss of data, invasion, virus, interruption of the service or other problems that are not within its competence.
11. RESPONSIBILITY FOR USE OF THE WEBSITE
11.1 - The company Ecosul Turismo does not guarantee that the website “ecosulturismo.com” will be free of anomalies, errors or bugs, nor that the website will function uninterruptedly or without breakdowns, or even that it is compatible with a specific material or configuration, different from that validated for the company.
11.2 - The company Ecosul Turismo will not, under any circumstances, be held responsible for abnormal functioning attributable to third-party software, whether or not these programs are incorporated into the website or provided with the latter.
11.3 - Under no circumstances will the company Ecosul Turismo be liable for any and all types of damage, whatever their nature, resulting from the use or the total or partial impossibility of using the website.
11.4 - The Customer declares to be aware of the characteristics and limits of the Internet, particularly its technical performance, the response times for consulting, interrogating or transferring data and the risks associated with the security of communications.
12. INTELLECTUAL PROPERTY
The company Ecosul Turismo is the owner of all the intellectual property rights related to the website “ecosulturismo.com” that belong to it or which it has the related use rights. All elements of the “ecosulturismo.com” website are and remain the exclusive property of the company Ecosul Turismo. No one is authorized to reproduce, exploit, disseminate or use, whatever the motivations and even partially, elements of the website, whether computer, visual or sound.
Access to the website does not grant the user any rights over the intellectual property rights relating to the website, which continue to be the exclusive property of the company Ecosul Turismo.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
In case of disagreement or dispute regarding the interpretation, execution, validity of these general conditions, as well as the tourist products sold, the Brazilian courts will be the only competent ones and the Brazilian legislation will be the only one applicable.