Terms
& Conditions
Tour
Participant Agreement
TOUR OPERATOR – Douglas-Velez
Administração de Bens Ltda (a Brazilian LLC) - DBA "BahiaBrazilTours.com" will collectively be referred as (BB
Tours) – Rua Tancredo Neves, 1632 – Salvador Trade Center - Torre
Norte, Sala 2211 - Salvador, Bahia 41820-020 BRAZIL, arranged the vacations
advertised on this pamphlet /website. The Participant(s) acknowledge receiving
and agreeing to these terms and conditions as set forth below covering the
vacation operated by BB Tours.
RESERVATIONS/PAYMENTS: A
payment/deposit of USD$250.00 or 25% of your
total package price per person (whichever is greater) is due to book your trip
unless other arrangements have been made in writing with a company staff
member. Full payment is due 60 days prior to departure. Payment of a deposit
constitutes acceptance of the terms and conditions in this Tour Participation
Agreement (TPA). Upon receipt of deposit, BB Tours will send
confirmation/invoice to you via PayPal.com. Monthly
Pay Pal Payment Plans Available. A (4%) service charge is added to all
credit and debit card payments made to our corporate PayPal account.
LATE PAYMENTS: Accounts
not paid in full by due date will be subject to a $100 late
penalty. Accounts that are over 10 calendar
days late will be automatically canceled and subject to our Cancellation Policy
outlined below. If a client wishes to re-instate an account he/she will be
subject to the late fee of $100 as well as a $50 re-booking
fee. The re-booking of the tour package will be subject to availability and any
increase in price.
CANCELLATIONS/REFUNDS/REBOOKINGS: Your right
to a refund if you change or cancel your reservation is limited.
AIR PORTION (not
applicable to Carnival, or New Year’s Packages):
Airline tickets are Nonrefundable and Non-Transferable. Once
airline tickets have been issued, which is normally within 24 hours of
payment of deposit, they are 100% non-refundable. If a client
wishes to cancel his/her ticket (up to 72 hours
before departure time) the airline may give him/her a ticket good for
one year on the same itinerary up to the face value of the ticket including
taxes minus any cancellation fees. BB Tours will not be responsible
for any fare differences. Cancellation fees (which typically range from $150 to $200)
are applied above any air ticket cost. Cancellations must be in writing. BB
Tours reserves the right to cancel any booking, or part of it, at
any time, as a result of force of nature or for reasons outside BB Tours's
control. No refunds will be made for unused travel services, nor is the price
or value of unused travel services exchangeable for alternative arrangements.
LAND PORTION (not
applicable to Carnival, New Year’s Packages):
• If your cancellation is made more than 60 days prior
to departure, BB Tours will refund your non-air portion less $400 and any
penalties charged to us by our suppliers.
• If your cancellation is made between 31 and 59 days
prior to departure, BB Tours will refund your non-air portion less $450 and any
penalties charged to us by our suppliers.
• If your cancellation is made less than 30 days prior to departure
there will be NO refund for the non-air portion of your vacation.
NEW YEAR’S/CARNIVAL
PACKAGES AND CUSTOM PACKAGES: 100% payment is
due at time of booking for all Carnival, New Year and custom packages. Packages
for New Year’s and Carnival are 100%
non-refundable unless specified otherwise. “Custom
Packages” are defined as any packages not specifically mentioned on our website
or printed materials (i.e. extended packages, different cities, modified
itineraries, etc.) Any refund amounts due to a cancellation will be issued via
company check after any appropriate credit(s) have been received from
suppliers.
RE-BOOKINGS: If a
client cannot make a trip and would like to rebook, he/she would be subject to
the above referenced cancellation policy. Any net proceeds of the land package
as well as a credit for the flights (if applicable) will be applied for a
future vacation with BB Tours. Flights on a new vacation must be made on
the same carrier and subject to the carrier’s rules, rates, class of service
and availability. All re-booking must be accepted in writing or via email
before any changes can be made. Clients who must rebook their package will be
charged a $65 re-booking fee (per person). Additionally, each traveler is also
responsible for mailing any airline paper tickets (if applicable) in a timely
manner in order to rebook their trip with us. Clients are also responsible for
any fare/hotel price differences (if any) when re-booking another vacation.
CHANGES TO PACKAGES: Any
changes to packages (flights/hotels etc) must be made through our office prior
to departure. Once a client begins a vacation with us he/she must make any
airline ticket changes directly with the carrier he/she flew on at the local
airport. Any changes to the land portion of the vacation must be made through BB
Tours’s office during regular business hours (9AM -2:30PM Eastern Standard
Time). BB Tours is not responsible for any price difference etc to land
packages made directly with hotels/other suppliers.
APARTMENT ACCOMODATION: Clients
who do not want hotel accommodations can select apartment accommodation. All
clients who stay at apartment accommodations agree to the following: (1)
Deposits may be required for accommodations (typically $300 to $500) and are
payable at check-in in cash in US$dollars or local currency equivalent. Clients
will be refunded their full deposit provided no damage occurs and apartment is
returned in good condition. BB Tours is not responsible in any way for
non-refunded deposits due to damages caused by clients. (2) If there are any
problems with apartments (noise, problems with fixtures, air conditioning,
plumbing, etc) it is the client’s responsibility to notify BB Tours or
the apartment supplier directly in a timely manner. BB Tours will not be
responsible for any problems with apartments and will do its best to
accommodate/fix any problems that may occur. BB Tours will not be
held liable for any failure of the client in notifying the company of any
problems nor for the apartment not living up to client expectations.
Additionally BB Tours must be given 24 hours in order to remedy
the situation. If a client abandons an apartment (leaves the apartment before
the rental period terminates) BB Tours will not be responsible for
providing a refund for any unused nights. (3) BB Tours will not
be held responsible/liable for any activity that may occur the premises nor for
any lost/stolen property, theft, vandalism, physical harm, etc. (4) BB Tours
will not be held responsible if the client is expelled from the
building by apartment landlord due to excessive noise, illegal activities, etc
and will not be provided an alternative apartment nor fund of any kind.
FINAL TRIP DOCUMENTS: Final trip
documents will be e-mailed to you directly 5-10 business days prior to
departure. Documents will not be released until everyone in your reservation is
paid in full and BB Tours has a signed “Tour
Participation Agreement” from each passenger.
PROCESSING: A signed
“Tour Participation Agreement” from each passenger is required immediately
from all passengers with
payment in order to book a trip. Passengers may sign this form digitally by
completing their purchase online. Processing and completing the checkout
process online and acknowledging by check mark that they have understood
this agreement, constitutes a digital signature from clients and acceptance of
this agreement and all terms and conditions herein. All clients who do not sign
by a “digital signature” must send this signed form via fax, mail, or FedEx. BB
Tours will not ticket or reserve any itinerary if this documentation
is not received with payment and will not be responsible for any fare or price
differences or hotel availability due to failure of clients to submit this
agreement.
PASSENGER INFORMATION: Passengers
are responsible to ensure that BB Tours has the correctly spelled legal
name (as it appears traveler’s passport), address, and all pertinent
information for all passengers. (Middle names and initials not needed). Due to
newly introduced security measures any name change including minor spelling
corrections may require airline reservations to be canceled and re-booked. BB
Tours will not be responsible for any re-booking fees (up to $250 for some
airlines) or denial of services due to name discrepancies.
OCCUPANCY: All rates
quoted are based on tariffs at time of printing, and are subject to change.
Prices are per person, based on 2 or 3 passengers traveling together at any
time. If a single person wants to travel with no other passengers, additional
costs will be charged (single supplement), unless specified in writing by BB
Tours. If your roommate(s) cancels, you and your remaining roommate(s) must
pay applicable occupancy surcharges prior the departure date for the traveler
who canceled. Hotels reserve the right to refuse or impose a fee for additional
guests or visitors for visiting or staying in hotel rooms. Clients
will not hold BB Tours liable for any inconvenience or charge of
any kind due to these policies which vary depending on specific hotel policies
or staff members of hotels.
PACKAGE PRICE/CHANGES: Hotels,
departure cities, and departure dates are listed on this site and are
incorporated in this agreement by reference. Package prices are based on
current rates at the time of activation of website, and are subject to change
at any time prior to departure without notice due to fuel related increases,
changes in government taxes, unfavorable changes in foreign currencies, and
other factors beyond BB Tours’s control. BB Tours reserves
the right to substitute/change hotels, tours and other services, including
nightlife venues, to those of an equal standard for these or any other reasons
beyond our control. In such case BB Tours reserves the right to
implement such modification(s) without prior notice when necessary. Please note
that no price reduction or partial refund will be offered if such changes are
deemed necessary by BB Tours.
OPTIONAL EXCURSIONS: Optional
excursions are available for purchase at time of departure up to final payment.
BB Tours will do its best to accommodate specific date requests for
these excursions but reserves the right to schedule these excursions on
particular days and times (due to minimum person requirements, weather
conditions etc) If clients do not show up for excursions (more than 15 minutes
late) they will be considered “no-shows” and will not be provided a refund. All
optional excursions must be booked through our Los Angeles office. BB Tours will
not be responsible for any excursion booked directly with our suppliers or
other parties. Excursions are “rain or shine” and we will not provide refunds
for inclement weather.
WEATHER CONDITIONS: Under no
circumstances can BB Tours be held responsible for rain or adverse
weather conditions, nor can any vacation be canceled or amended by you at any
time on the basis of rain or adverse weather conditions.
TIMELINESS AND GUESTS: Clients will be picked up at their hotel lobby (or apartment) at pre-specified times by our guides for our optional excursions or nightlife service. All clients must be on time. If a client is more than 15 minutes late in meeting the guides, they will be considered “no shows” and will not be provided a refund for those services. Guests are allowed to join our optional excursions and nightlife services from our company at the discretion of our guides. We refuse the right to refuse service to any guest(s) of a client for any reason. Additionally, if a client brings a guest, he/she is required to pay for his/her cover charges, transportation to the club/bar as well as a USD$50 guest fee per person to the guide.
TRAVEL PROTECTION PLAN: OPTIONAL TRAVEL PROTECTION FOR CANCELLATION, DELAY, HEALTH, ACCIDENT, AND BAGGAGE IS STRONGLY RECOMMENDED. The BB Tours Protection Plan will be offered through Travel Guard International and is highly recommended. A copy of the relevant travel protection policy is available from BB Tours upon written request or email. BB Tours provides such insurance solely as a convenience to you and is not responsible for any claim, liability, loss or damage resulting from the purchase or failure to purchase such insurance. If you become injured while on an BB Tours vacation, you agree that BB Tours shall have the right, but not the duty to take reasonable action to secure emergency medical and/or other attention and/or ground transportation for you. You understand and agree you will be responsible for payment of any expense incurred for such medical attention, transportation or other related emergency service. You agree to reimburse BB Tours if BB Tours has made any such payments for such emergency expenses, though you acknowledge that BB Tours does not have the duty to do so. Any and all medical expenses incurred by you under such circumstances are your sole responsibility.
TIMELINESS AND GUESTS: Clients will be picked up at their hotel lobby (or apartment) at pre-specified times by our guides for our optional excursions or nightlife service. All clients must be on time. If a client is more than 15 minutes late in meeting the guides, they will be considered “no shows” and will not be provided a refund for those services. Guests are allowed to join our optional excursions and nightlife services from our company at the discretion of our guides. We refuse the right to refuse service to any guest(s) of a client for any reason. Additionally, if a client brings a guest, he/she is required to pay for his/her cover charges, transportation to the club/bar as well as a USD$50 guest fee per person to the guide.
TRAVEL PROTECTION PLAN: OPTIONAL TRAVEL PROTECTION FOR CANCELLATION, DELAY, HEALTH, ACCIDENT, AND BAGGAGE IS STRONGLY RECOMMENDED. The BB Tours Protection Plan will be offered through Travel Guard International and is highly recommended. A copy of the relevant travel protection policy is available from BB Tours upon written request or email. BB Tours provides such insurance solely as a convenience to you and is not responsible for any claim, liability, loss or damage resulting from the purchase or failure to purchase such insurance. If you become injured while on an BB Tours vacation, you agree that BB Tours shall have the right, but not the duty to take reasonable action to secure emergency medical and/or other attention and/or ground transportation for you. You understand and agree you will be responsible for payment of any expense incurred for such medical attention, transportation or other related emergency service. You agree to reimburse BB Tours if BB Tours has made any such payments for such emergency expenses, though you acknowledge that BB Tours does not have the duty to do so. Any and all medical expenses incurred by you under such circumstances are your sole responsibility.
DOCUMENTATION AND
VISAS: All travelers are required to carry proper documentation of
citizenship (i.e. a valid passport) and additionally Visa is required to enter
Brazil. Foreign nationals must consult their local consulate for documentation
requirements.
U.S. Citizenship documentation requirements are subject to change without notice. No refunds will be issued to passengers who are denied boarding for failure to obtain proper citizenship or Visa/Immunization documentation. BB Tours is not responsible in any way for passengers who fail to obtain Visas or Passports and will not be held liable or accountable for any refunds or cancellations in such event.
SECURITY DEPOSIT: On
occasion, hotels may require up to a $100 per person security deposit at
check-in. This will be refunded upon checkout provided that there are no
charges or damages to your room.
AIR TRANSPORTATION
BAGGAGE: Internationally checked luggage is limited to a maximum weight not
to exceed 44 pounds and 30" x 17" x 10" in dimension. Flights
operated within a foreign country are usually on smaller aircraft with luggage
limited to 25 lbs. BB Tours is not responsible for any baggage charge
for excess weight or for any luggage having to be left behind for not complying
with these regulations.
SCHEDULE & DELAYS: All travel
times are based on the best information and timetables available at
confirmation. Because of the nature of the destination, changes to schedule
and/or itinerary may be necessary and may prevent the inclusion of some
activities scheduled for the day. No refunds can be given for such
eliminations. We also cannot accept any responsibility for losses or incidental
expenses due to changes or delays in airline schedules, including, but not
limited to overbooking of flights, over booking of hotels, or defaults,
weather, strikes, sickness, war, terrorist attacks, financial insolvency of
airlines, riots or any other causes. All such losses/expenses are the
responsibility of the passenger. This also includes missed airport transfers
due to delayed or changing of flights.
CUSTOMER SERVICE: If you
require assistance in any way while on your tour, you must notify our
on-location staff who will make every effort to accommodate you. Under no
circumstances will BB Tours reimburse you for long-distance phone calls
or other out of pocket expenses. If the matter cannot be resolved, please write
to our Customer Service Department within 15 days of the completion of your
tour.
PARTICIPANT'S
RESPONSIBILITIES - AIR PASSENGERS: It is
required that you arrive at the airport at least 2 hours prior to scheduled
departure. Flight times shown are not guaranteed and are subject to change
without notice. It is, therefore, the responsibility of each participant to
reconfirm all flight times quoted at least 24 hours prior. When a customer's
ticket, or a portion of the ticket, is lost or destroyed, the customer will be
required to purchase another ticket at the appropriate fare before
transportation will be furnished between the points covered by the lost ticket.
There will be no refund or replacement for a lost ticket.
PARTICIPANT'S
RESPONSIBILITIES - GENERAL: Items not
included in this package price; i.e., gratuities, meals, and all items of a
personal nature are the sole responsibility of the passenger and shall be paid
directly when the service is received or paid. Transportation, hotel and
accommodations rules or conditions of carriage, as determined by said entity,
must be adhered to at all times. This includes "House Rules" and
rules/regulations printed in itineraries or other distributed printed
materials. Passengers who are refused transportation will receive no refund.
Participant agrees to pay reasonable attorney’s fees and other expense incurred
by BB Tours in the collection of unpaid damages, insufficient or
stopped checks, or other losses for which participant is responsible.
ASSUMPTION OF RISK: Many
establishments make available during the course of most trip packages various
activities, contests, parties, etc which BB Tours may offer on their
behalf. Participants agree to accept responsibility for participating in these
activities, where offered, and do so upon their own initiative and assumption
of risk. BB Tours shall not accept liability for accident, injury or
death as a result of participation in said activities. Participant agrees to
waive any and all claims arising there from against BB Tours, it's
employees, independent contractors, agents and/or representatives or
associates. BB Tours does not provide, promote or sell
alcoholic beverages nor condone the use of illegal drugs in it's programs.
Various entities on location may offer packages including alcoholic beverages
which are beyond the control of BB Tours. Excessive use of alcohol can result
in serious injury. BB Tours does
not condone the use of illegal drugs, prostitution or any other illegal
activity. Any client (and or guest of the client) using illegal drugs or
engaging in any other illegal behavior at any restaurant, sporting event, discothèque
or in private company property (cars, etc) will be refused service and will not
be provided a refund for those and future unused services. In the
event that a client is found with illegal drugs or engaging in illegal
activities, BB Tours will
not be responsible in assisting any client in any way – Legally, Financially,
or otherwise for any problems with local authorities as a result of illegal use
or any other legal activity.
MISCELLANEOUS: All
notices, offers, acceptances, and requests to BB Tours and other
communications hereunder shall be in writing and shall be deemed to have been
duly given if mailed by certified or registered mail, with postage prepaid, to BB
Tours and the tour Participant at the addresses set forth in this agreement.
Any such notice shall be deemed to be received when delivered or within three
(3) business days after it is mailed. This agreement contains the entire
understanding between the parties hereto and supersedes any other oral and
written agreements or understandings between them. This agreement shall bind
and inure to the benefit of the parties, and their respective successors and
assigns or personal representatives. BB Tours may assign
this agreement without the tour participant’s permission. The tour participant
may not assign any part of the benefits of this agreement to another party
without express written permission. The Participant agrees that BB Tours
will not be obligated to refund any additional monies besides those
provided in the section above because of war, acts of God, terrorism, strikes,
financial insolvency of airlines, hotels or suppliers, or any other event
beyond the control of BB Tours. During the course of tours, BB Tours
may photograph/videotape participants in public places strictly for
marketing purposes and to promote its normal course of business. All
photographs/videotapes taken by the company and its
employees/partners/suppliers are exclusive property of the company and the
company reserves the right to publish such video/pictures on its website and
marketing materials. BB Tours will actively select pictures/videos that
it will deem appropriate. Participants agree to hold BB Tours harmless
of any resulting unintentional damages resulting from the publication of and of
these materials.
RESPONSIBILITY: BB Tours has made
arrangements for the tour services described in this brochure, invoice and
website through independent contractors which are not the agents or employees
of BB Tours or its affiliates. All travel vouchers and other travel
documents issued by BB Tours are subject to the terms and
conditions of the supplier to the laws of their countries and to international
conventions between countries. Any complaint should be sent in writing within
twenty (20) days of return. BB Tours reserves the right to accept
or reject any person as a tour participant, to make changes in the itinerary
whenever deemed necessary for the convenience or safety of the participant and
to cancel a tour at any time. If a tour is canceled, BB Tours shall have
no liability beyond the refund of all monies paid by the passenger which will
be deemed to constitute full and final settlement. If the services included
cannot be supplied or there are changes in the program, BB Tours will
use its best efforts to arrange for comparable services where applicable. Any
resulting additional expenses will be the responsibility of the participant.
The participant agrees that neither BB Tours nor its affiliates and
employees shall be liable for any damages, loss (including but not limited to
personal injury, mental distress, loss of employment, death, disease or
illness, and property loss) inconvenience, or expense occasioned by any act or
omission of any supplier providing tour services, or by any change in itinerary
unless caused by the negligence of BB Tours or its employees in
its contractual duty. The tour Participant expressly waives all rights which he
or she may have against BB Tours in connection with the foregoing. No
person, other than an officer of BB Tours by a document in writing, is
authorized to vary or waive any condition in this website. Under no
circumstances is BB Tours to be constructed as a carrier under contract
for safe carriage of the passenger or his/her luggage and belongings. No
carrier shall have any responsibility except its liability as a common carrier.
By enrolling in and paying for a tour, participants agree to accept and are
bound by the terms and conditions in this document.
FORUM SELECTION AND
CHOICE OF LAW: Participant agrees that this agreement is governed by the laws of
the State of Florida, U.S.A. In the event of any dispute between the parties
which arises under this Agreement, such dispute shall be settled by arbitration
in accordance with the rules for commercial arbitration of the American
Arbitration Association (or a similar organization) in effect at the time such
arbitration is initiated, and subject further to the provisions of California Law.
A list of arbitrators shall be presented to the Participant and BB Tours from
which one will be chosen using the applicable rules. The hearing shall be
conducted in the City of Miami, Florida U.S.A. The decision of the arbitrator
shall be final and binding upon all Parties. The prevailing party shall be
awarded all of the filing fees and related administrative costs. Administrative
and other costs of enforcing an arbitration award, including the costs of
subpoenas, depositions, transcripts and the like, witness fees, payment of
reasonable attorney's fees, and similar costs related to collecting an
arbitrator's award, will be added to, and become a part of, the amount due
pursuant to this Agreement. Any questions involving contract interpretation
shall use the laws of California. An arbitrator's decision may be entered in
any jurisdiction in which the party has assets in order to collect any amounts
due hereunder.
We will fax or email you
a copy of this (TPA) form to sign after your final Ground Package payment
Revised: March 19, 2012
If you have any questions or concerns we can be reached by phone or email:
USA Phone (202) 558-6655
Brazil Phone +55 (71) 9172-2627
email: bahiacitytours@gmail.com
Our hours of business are Mon-Fri 9AM – 2:30PM.
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