Deluxe Argentina is a service company operating through Booking Travel S.R.L., a wholesale operator (Record EVT # 12,643, D.N.S.T. 2253/05). All of our business documentation will be under the name of the said company.
Service requests and renderings between Deluxe Argentina, hereinafter “the Company,” on the one hand, and the requesting party or contractor of hired services (hereinafter “the Passenger”) shall be governed by such terms as are here below set forth, as well as by Law number 18,829 and its regulations in force, and by the Brussels Convention as approved by Law number 19,918.
REQUESTS AND PAYMENTS
1) The price estimated at the time of the service request shall be subject to amendments, without prior notice, whenever services are altered and/or the costs or exchange rate are modified of the services making up the tour or service reservation.
2) Reservations shall be secured through payment of a deposit equal to 40% of the price of the land services plus 100% of air rates, ninety (90) days in advance to the trip start date.
3) All the amounts paid before service confirmation, are received as reservation. Service confirmation and the respective prices shall take place by the issuance of tickets and vouchers, and their invoicing. Payment of the reservation implies acceptance of all of the general conditions hereunder, as well as those of each of the tourist and transport agencies, lodging and further subcontracted services.
4) Payment of the price balance must be settled forty-five (45) days before the date of departure; otherwise, the Company shall be entitled to cancel the registration request without prior notice, and the interested party shall have no right to any reimbursement whatsoever.
5) In case of default of the agreed payment, after five (5) days of such default, the Company may choose either to: (i) cancel the services hired by the Passenger without need to serve any warning, having the Passenger no right to reimbursement; or (ii) charge the delinquent Passenger punitive interests of up to 0.5% per day on due balances, calculated as from the date of default up to the date of effective payment.
SERVICES INCLUDED
All services expressly included in the vouchers.
It is most important that the Passenger verifies that all of the personal data as well as the information concerning the itinerary are correct at the moment of voucher reception. Should there be any disparity; the Passenger should contact us immediately.
1) Transport as specified in each case.
2) Accommodation at hotels, lodges, and the like, as stated in the vouchers.
3) Arrangements concerning meals, excursions, sundry activities, transfers to and from airports, terminals, and hotels, as stated in the vouchers.
4) As regards accommodation days as hired, it is worth bearing in mind that a hotel accommodation day starts at 3 p.m. (check-in) and ends at 10 a.m. of the following day (check-out), regardless of the time of arrival and departure. Rooms may be occupied up to the pertinent check-out time, beyond which the Passenger must pay the hotel such rate as the latter stipulates.
5) The tour duration shall be specified on a case-by-case basis, taking as first day the day of departure from the place of origin, and as last day, the day of departure from the destination.
6) Any kind of special requests, such as diet, hotel room locations, or specific seats on the planes which are of significance for the Passenger must be stated in writing. Such requests shall be sent to the subcontracted companies, and the Company will make its best efforts towards their realization, yet under no circumstances will the Company be liable if they are not fulfilled.
7) Vouchers are the documents that describe all of the services hired; it is the Passenger’s responsibility to check that all data and itineraries are correct.
NON-INCLUDED SERVICES OR ITEMS:
1) Extras, beverages, personal expenses (among others, laundry, clothes’ ironing, communications, tips, etc.), as well as visas, boarding fees or airport taxes, rates on services, VAT and all other taxes and/or services or expenses that are not expressly stated in the voucher.
2) Neither service extension expenses resulting from the Passenger’s voluntary desire, nor additional stays, meals and/or expenses, and/or prejudices caused by cancellations, departure or arrival delays of the means of transport, or due to unpredicted reasons alien to the Company and/or deriving from force majeure or causes beyond the Company’s control.
LIMITATIONS TO THE RIGHT TO REMAIN
The Company does hereby reserve the right to compel a Passenger to leave the tour at any point whenever such Passenger’s behavior, actions, health condition or other serious ground may, at the discretion of the Company, cause danger or inconveniences to the rest of the travelers, or may undermine the success of the excursion or its normal development. Our service must be contracted by people over 18 years of age; underage youth must be emancipated.
DOCUMENTATION:
It is most important that before traveling the Passenger has all the necessary documentation. Deluxe Argentina will advise the Passenger in every possible respect, but to be best assured, the latter should contact either the Consulate or the Embassy of the country to be visited. We suggest that Passengers always take a copy of their passport.
The necessary documents or visas for traveling are strictly personal; therefore, it is the Passenger’s exclusive responsibility to have all documents, passports, visas, international driving licenses, permits to leave the country in the case of minors, etc., in perfect condition and duly effective. The Company shall not be liable for any inconveniences suffered by Passengers lacking such condition. In case any Passenger might not travel due to the said reasons, he/she shall lose all of the contracted services, without any right to claim therefore; the same shall apply in case the authorities of any country should refuse to allow the Passenger’s entry. The Passenger must inform himself/herself at the pertinent Consulate about the requirements in force as demanded by the migration, customs and health authorities of the country where he/she plans to travel.
EVENTUAL CHANGES
Deluxe Argentina shall make all possible efforts to assist the Passenger in case the latter should decide to make changes in his/her vacation choice, but once reservations are confirmed, the Company cannot assure that all the Passenger’s requests will be fulfilled.
DATE CHANGE
Any postponements or advances of the dates stipulated in each case may be done only one time, always conforming to such modalities, conditions and availability of the diverse service renderers. A 10% overprice must be paid as penalty, as well as tariff differences for change of season, if pertinent. The Company is exempted from all liability in case it cannot make all the changes requested by the Passenger, in which case the provisions of clause CANCELLATIONS shall apply.
ASSIGNMENT AND TRANSFER
The right granted to the Passenger by the contract of tourist services may be assigned or transferred to other people one single time up to sixty (60) days in advance to the date of departure, provided that no provisions to the contrary are set forth by the transport agent, hotelier and/or hired services renderer. In the event that the Passengers are of diverse ages (adults-minors), the price shall adjust according to the tariffs in force. In all assignment or transfer cases, even when the vouchers or documentation were not issued, the Company may charge the 10% overprice to the agreed amount. Changes will be made once the Passenger has paid the said charges.
CANCELLATIONS:
1) All cancellations shall be valid provided they are submitted in writing to Deluxe Argentina with the Passenger’s complete data.
2) Cancellations received up to sixty (60) days prior to the date of departure shall be reimbursed in 100%.
Cancellations received within sixty (60) days prior to the date of departure shall bear a penalty subject to the conditions set forth by each service renderer as hired.
Cancellations received within thirty (30) days prior to the date of departure shall not be reimbursed.
In all of the aforementioned cancellation assumptions, US$250 per person shall be charged as administrative expenses.
3) In case a cancellation affects services definitely hired by the Company, the corresponding reimbursement shall be subject to the contractual conditions under which services are presented by the respective companies (hotels, transport and so forth).
4) In all reimbursement cases, from the amount paid the Company may retain US$250 per person as administrative expenses.
5) Once services are commenced, no return shall be made on account of a total or partial cancellation of the services as hired.
CLAIMS – REIMBURSEMENTS
The Passenger must remember to keep all receipts in order to present the complaints. Deluxe Argentina will assist the Passenger in all possible respects, either during his/her trip or at his/her return. Passengers are hereby recommended to take out an insurance policy for cancellation and baggage loss or damage.
1) Claims must be submitted within fifteen (15) days as from conclusion of the trip, with the respective receipts. Once such time period has lapsed, no claim will be heeded. Under no circumstances shall the Company bear the eventual costs and/or charges and/or taxes and/or burdens arising from bank transfers or similar means used to settle any sort of return and/or reimbursement and/or repayment.
2) In the case of reimbursements for services not used, and provided that immediate return is not made effective, the Company must, within five (5) days from reception of the claim, deliver the service rendering companies a request for confirmation of the amounts requested by the Passenger.
3) With regard to regular flights, the conditions regarding surcharges, fines, postponement of departure times or dates are of exclusive concern to the transport provider, with whom the Passenger must deal directly. The Company has no control whatsoever on the said penalties or cancellation policies.
4) In the cases when the air services are provided through charter or special flights, Passengers cannot modify the departure and return dates.
5) Lack of appearance at the desk in due advance and failure to board on account of document issues shall cause the cancellation or loss of the flight in question, without any right to claim, reimbursement or return.
6) Dates and times foreseen for departure and return are of exclusive responsibility of the air transport provider, which may modify them according to praxis or needs, or to technical reasons or any other reason germane to the activity.
NOT REGULAR OR CHARTER TRANSPORT
In case of transport other than regular, or of charter transport, the above provisions shall govern, except that in these cases reimbursement shall solely be a proportion of the price pertaining to land services (hotel, pension, excursions, transports, sundry activities and the like) determined by the Company according to the way in which the service renderers operate. For this clause to be valid, the first document delivered to the Passenger must determine the transport quality. The Company hereby advises Passengers to contract an insurance including coverage on cancellation charges. If cancellation is embraced by the insurance policy taken out by the Passenger, he/she must file the pertinent claim with the insurance company involved, having no right whatsoever against the Company.
BAGGAGE
The Company does not assume liability for damage and/or misplacement and/or theft and/or robbery and/or loss of the Baggage and further personal belongings of the Passengers. Passengers are hereby advised to contract an insurance covering the aforementioned risks.
LIABILITY
Deluxe Argentina takes every possible safeguard in order to ensure the quality of its travels, but it cannot control either the decisions taken by all the subcontracted companies or the Acts of God, therefore Passengers are hereby recommended to take out a traveler insurance providing medical and legal assistance.
1) The Company does hereby expressly state that it acts as an intermediate agent in the reservation and hiring of the diverse services related and included in the respective tour, service reservation or voucher: hotels, restaurants, means of transport, ski lifts, etc. Notwithstanding the aforesaid, the Company’s eventual liability, whether it acts as the travel organizer or as an intermediate agent, shall be determined pursuant to the provisions set forth under the International Convention on Travel Contracts as approved by Law number 19,918.
2) The Company does not take responsibility for such facts as result from an Act of God or Force Majeure, weather events or Acts of Nature occurring before or during the tour, and which prevent, delay or in any way hinder the execution of the whole or part of the hired renderings.
3) The Company does not take responsibility for alterations in time schedules, delays and cancellations, facilities, equipment used and the like of the transport companies.
4) Under no circumstances shall the Company be liable to the Passengers for indirect damages and lost profits.
5) When contracting a trip with the Company, the Passenger accepts the risks and assumes liability for every suffered loss, damage, injury or death linked to his/her taking part in the trip. Each Passenger is hereby advised to contract a traveler insurance covering the aforementioned circumstances, as well as providing medical and legal assistance, protecting against baggage loss, granting cancellation coverage, and so forth.
6) Whenever transport is carried out in vehicles hired by the organizer, in the event of an accident, notwithstanding the country where the accident should occur, the traveler subjects him/herself to the legislation in force in the country where the vehicle is registered; therefore, all pertinent indemnifications shall be paid in the country of the motor vehicle registration and in its local currency.
AMENDMENTS AND MODIFICATIONS
The Company may justifiably call off any tour or trip, either individual or collective, and/or modify the itinerary and/or the times or days of departure and/or return of the travels and tours as contracted, as well as the hotels and services so hired, whenever any of the following assumptions should occur:
1) When necessary with a view to the better progress of the Tour, and/or if circumstances of Acts of God or Force Majeure should force to do so.
2) When the Company, despite it having acted with due prevision and owing to reasons outside its will, cannot dispose of the whole of the reservations of the hotels, transports and further essential services that have been contracted; provided, however, that it is current in its economic obligations towards such renderers.
3) Whenever alterations in fees or currency exchange rates should force a substantial increase of the travel price, and this should cause the consequent annulments among the travelers so registered.
IDENTITY PROTECTION
All the information provided to the Company by the Passenger in order to contract the Passenger’s trip shall be solely used for such purpose; the Company has the pertinent security means to safeguard such information. However, such information must be provided to diverse renderers, and the Company shall not be liable for the security measures applied by them. Furthermore, the data may be provided to public or tax authorities if formally required.
The Passenger does hereby accept the use by the Company of photographies or videos taken during the trips for advertising purposes, the Passenger being not paid in any way whatsoever for the use of the said images.
ARBITRATION CLAUSE
Any issues arising as a result of the execution, fulfillment, non-fulfillment, extension or termination of this Contract may be subject by the Parties to the award of an Arbitration Court of the Associación Argentina de Empresas de Viajes y Turismo [Argentine Association of Travel Companies]. In case of submission to the aforementioned jurisdiction, the contracting parties agree to abide by and accept all of the conditions set forth under the Regulations of the Arbitration Court.
All of the contracts with Deluxe Argentina are executed in Argentina, and shall be subject to these general conditions as well as to the Argentine laws having exclusive jurisdiction over the Argentine Courts.
CUSTOMER’S ACCEPTANCE
These general conditions, together with the rest of the documents provided to the Passengers, make up the Travel Contract. These conditions are handed over by the Company to the Passenger at the moment of booking the services or requesting registration.
The Passenger manifests to know and accept these contracting general terms, such acceptance being ratified by any of the following acts:
1) Payment of the reservation made and/or of the services hired before the travel start, by any way and in any manner.
2) Acceptance of the invoice or voucher of the hired services.
3) Use of any portion of the hired services.