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Customer
Agreement with ecobrazil.com
By
using this site, it constitutes that you, the customer, agree to all
such terms and conditions below without modification.
PERSONAL
USE LIMITATION
This
website is for a personal use only. The commercial use of this site
is prohibited You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, transfer, or sell any
information, products or services obtained from this website.
COPYRIGHT
AND TRADEMARK
All
contents of this website are Copyright © 2008, ecobrazil.com, 2206
Hollywood Blvd., Hollywood, Fla. 33020. All rights reserved unless
otherwise specified.
SHOPPING
LINK SITES
This website maintains associations to websites operated by parties
independent of ecobrazil.com, Inc. Such links (Amazon.com, Longitude
Books, Ebags.com, and Travel Smith) are for browsing or shopping
purposes only. Ecobrazil.com does not control such websites and is
not responsible for any merchandise, billings or any other
discrepancies that may occur between the merchant and the buyer. If
any problem arises, the buyer should discuss the matter directly
with the specific merchant. Inclusion of such sites is meant solely
to assist our customers in finding products and services related to
their desired travel goals.
SITE
LIABILITY DISCLAIMER
The
information, products, and services published on this web site may
include inaccuracies or typographical errors. ecobrazil.com may make
improvements or changes in this web site at any time without prior
notice. ecobrazil.com makes no representations about the suitability
of the information, products and services contained on this website
for any purpose. All such information, products, and services are
provided "as is" without warranty of any kind. ecobrazil.com hereby
disclaims all warranties and conditions with regard to this
information, products, and services, including all implied
warranties and conditions of merchantability. In no event shall
ecobrazil.com be liable for any direct, indirect, punitive,
incidental, special, or consequential damages arising out of or in
any way connected with the use of this web site or with the delay or
inability to use this web site, or for any information, products,
and services obtained through this web site, or otherwise arising
out of the use of this website, whether based on contract, tort,
strict liability or otherwise, even if ecobrazil.com, its affiliates
or any of their suppliers has been advised of the possibility of
damages.
PHYSICAL
AND MENTAL FITNESS
Due
to the fitness and mental requirements of some of our trips,
ecobrazil.com, Inc. reserves the right to refuse the participation
of any client when there are reasonable grounds to believe such trip
could cause physical or mental difficulties to the customer, or when
such participation to the trip could adversely affect the safety and
security of our operations.
LIABILITY
DISCLAIMER
We are hereby advising you of the inherent hazards of certain
trips or courses involving trekking, camping, backpacking, rafting,
canoeing, kayaking, fishing, river crossing, water skiing, flying,
swimming, snorkeling, scuba diving, windsurfing, sailing, water
skiing and jet skiing and many other adventure activities. The
client understands that the above activities involve certain
inherent risks; injuries can occur that require treatment in a
medical facility. The client further understands that the
ecobrazil.com, Inc. trips and/or courses may be conducted at a site
that is remote, either by time or distance or both, from such
medical facility. The client chooses to proceed with such trip
and/or course in spite of the possible absence of a medical facility
in proximity to the travel course/site. The client understands and
agrees that neither your guide(s) and/or instructor(s), nor
ecobrazil.com, Inc., nor any of their respective employees,
officers, or assigned agents (hereinafter referred to as “Released
Parties”) may be held liable or responsible in any way for any
injury, death, or other damages to you or your family heirs, or
events that may occur as a result of your participation in this trip
and/or course or as a result of the negligence of any party,
including the Released Parties, whether passive or active.
PRICE
POLICY
The
prices quoted in our brochures, reservation and payment forms,
websites and advertising materials are based on information known to
be current at the time of printing or publishing. Prices are subject
to availability and may vary by time of year. All prices are based
on double accommodations and subject to change without notice.
Prices are final only after reservation is made and confirmed by
ecobrazil.com. Our prices are established as a package and include
different services, accommodations and activities, as specified for
each trip. They are based on a specific number of nights, which
might differ from the number of full days. Should the first and last
days be shortened due to circumstances beyond our control, the
customer will not be entitled to a refund.
DEPOSIT
AND PAYMENT
20%
of the total price must be paid to ecobrazil.com at the time the
reservation is made. The balance must be paid no later than 60 days
before departure for fares requiring 60 days advance purchase and 45
days before departure for fares requiring 45 days advance purchase.
CHANGES
OF RESERVATION
Unless
otherwise specified for a specific trip or fare, the fees applied
for changes are the following:
Up to 30 days before departure - free of charge
Less than 30 days before departure 15% fee
Less than 14 days before departure 20% fee
CANCELLATION
Unless otherwise specified for a specific trip or fare, the fees
applied for changes are the following:
Up to 30 days before departure - free of charge
30 - 14 days before departure - 25 % penalty
14 -7 days before departure - 50% penalty
7 -0 days before departure -100% penalty
TRANSFERABILITY
Unless otherwise specified for a specific trip, course or fare,
trips and fares are not transferable.
TRANSPORTATION
ecobrazil.com will assume no liability for any claims, losses,
damages, cost or expenses arising out of personal injury, accidents
or death, loss damage or delay of baggage or other property, or
delay, inconvenience, loss of enjoyment, upset, disappointment,
distress or frustration, whether physical or mental resulting from
transportation in an aircraft, boat, ship or vehicle not operated
nor owned by ecobrazil.com, or your failure to follow instructions
including but not limited to airport departure times and check-in
and check-out times.
GOVERNMENT
AND HEALTH REGULATIONS
Visas, customs and health requirements are listed for information
purpose only. ecobrazil.com will assume no liability for any claims,
losses or damages resulting from your failure to obtain the
documentation required for your trip or course, such as passports,
visas and certificates, or your failure to comply with the Law. You
are also responsible for ensuring you have received the proper
vaccinations before you enter any foreign country.
CHANGES
OF ITINERARY
Due
to circumstances beyond our control, or in the best interest of the
customer, we reserve the right to change the itinerary or schedule
of any trip or course as well as the activities and excursions, at
any time and without prior notice. ecobrazil.com will assume no
liability in such instance.
We also reserve the right to cancel any trip due to circumstances
beyond our direct control (government actions and regulations,
weather, strikes or riots), as well as safety or security
considerations. In case of cancellation by ecobrazil.com, Inc., the
customer will receive either a full refund or a change of travel
dates.
ACCEPTANCE
OF CONDITIONS
By
booking a trip, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Conditions of
Sale"). If you do not agree to these Conditions of Sale, please do
not make a reservation. We reserve the right, at our discretion, to
update or revise these Terms & Conditions. Please check the
Conditions periodically for changes. Your continued use of our
services following the posting of any changes to the Conditions of
Sale constitutes acceptance of those changes.
GENERAL
This
agreement is governed by the laws of the State of Florida, USA. You
hereby consent to the exclusive jurisdiction and venue of courts in
Broward County, Florida, USA, in all disputes arising out of or
relating to the use of this website. Use of this website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and ecobrazil.com, Inc. as a result of this agreement or use of this
website. This agreement is governed by the laws of the State of
Florida, USA. The performance of ecobrazil.com in this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of the right of ecobrazil.com to
comply with law enforcement requests or requirements relating to
your use of this Web site or information provided to or gathered by
ecobrazil.com with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall
continue in effect. This agreement constitutes the entire agreement
between the customer and ecobrazil.com with respect to this website
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the
customer and ecobrazil.com, Inc., with respect to this website. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. Fictitious names of companies, products, people, characters,
and/or data mentioned herein are not intended to represent any real
individual, company, product, or event. Any rights not expressly
granted herein are reserved. |
