1. definitions

1.1 ARGENTINA INDIVIDUAL is a travel agent.

1.2 The activities of ARGENTINA INDIVIDUAL include the compilation of travel components and package tours to Argentina.

1.3 Package tours are created and offered together with local service providers. The service providers include licensed tour operators, transport companies, restaurants and hotels.

 

  1. Conclusion of the travel contract / obligation of the customer

2.1 By booking (travel registration), the customer makes a binding offer to ARGENTINA INDIVIDUAL to conclude a travel contract. The basis of this offer is the travel description and the additional information provided by ARGENTINA INDIVIDUAL for the respective trip, insofar as this is available to the customer.

2.2 Bookings are made exclusively electronically via email. ARGENTINA INDIVIDUAL confirms receipt of the booking electronically. This confirmation of receipt does not constitute confirmation of acceptance of the booking order.

2.3 The contract is only concluded upon receipt of the declaration of acceptance by ARGENTINIEN INDIVIDUAL. At or immediately after conclusion of the contract, ARGENTINIEN INDIVIDUAL will send the customer a written travel confirmation electronically.

2.4 If the content of ARGENTINA INDIVIDUAL's declaration of acceptance differs from the content of the booking, this constitutes a new offer from ARGENTINA INDIVIDUAL, to which the customer is bound for a period of ten (10) days. The contract is concluded on the basis of this new offer if the customer declares acceptance to ARGENTINA INDIVIDUAL within the binding period by means of an express declaration, down payment or final payment. If an offer can only be reserved for a shorter period due to the specifications of the service provider, ARGENTINA INDIVIDUAL must explicitly inform the customer of this.

2.5 Service providers (e.g. local tour operators, hotels, transport companies) are not authorized by ARGENTINA INDIVIDUAL to make agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond the contractually promised services of ARGENTINA INDIVIDUAL or contradict the travel advertisement.

2.6 Local and hotel brochures, as well as Internet advertisements that are not published by ARGENTINA INDIVIDUAL, are not binding for ARGENTINA INDIVIDUAL and its obligation to provide services.

2.7 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has assumed this obligation by means of an express and separate declaration.

 

  1. Payment

3.1 After conclusion of the contract, a deposit of 30% of the travel price is due. The remaining payment is due 40 days before the start of the trip, provided that the trip can no longer be cancelled for the reason stated in section 9.1.

3.2 If the customer does not make the deposit and/or the remaining payment in accordance with the agreed payment deadlines, ARGENTINA INDIVIDUAL is entitled to withdraw from the travel contract after issuing a reminder with a deadline and to charge the customer with cancellation costs in accordance with Section 6.3.

3.3 Payments must be made by the customer to the bank details provided on the invoice. Credit cards are not accepted.

 

  1. Performance changes

4.1 Changes to essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by ARGENTINA INDIVIDUAL in bad faith, are only permitted if the changes are not significant and do not affect the overall structure of the trip.

4.2 ARGENTINA INDIVIDUAL is obliged to inform the customer about significant changes to the service immediately after becoming aware of the reason for the change.

4.3 In case of overbooking or closure of hotels, points of interest & sights, restaurants, etc., an attempt will be made to find equivalent alternatives within the scope of local possibilities.

4.4 In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least the same value if ARGENTINA INDIVIDUAL is able to offer such a trip from its range at no extra cost to the customer. The customer must assert these rights immediately and in writing by email after ARGENTINA INDIVIDUAL has declared the change to the travel service or the cancellation of the trip.

 

  1. price rise

5.1 After the travel contract has been concluded, price adjustments are only possible in the event of an increase in transport costs, accommodation costs or a change in the exchange rates applicable to the trip in question that actually occurred after the travel contract was concluded and that was not foreseeable at the time of conclusion, to the extent that the increase in these rates affects the price of the trip per person or per seat. ARGENTINA INDIVIDUAL must inform the guest of this immediately after becoming aware of the circumstances justifying the change. A price change requested from the 20th day before the start of the trip is invalid.

5.2 In the event of a price increase of more than 5% of the travel price, the traveler is entitled to withdraw from the travel contract free of charge or to request participation in another trip of at least the same value if ARGENTINA INDIVIDUAL is able to offer such a trip from its range at no extra cost to the traveler. The traveler must assert these rights in writing to ARGENTINA INDIVIDUAL immediately after receiving the declaration of the price increase.

 

  1. Cancellation by the customer before the start of the trip/cancellation costs

6.1 The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared electronically to ARGENTINA INDIVIDUAL by email. Proof of the declaration of withdrawal must be kept by the customer for up to 1 month after the start of the trip in order to assert claims.

6.2 If the customer withdraws before the start of the trip or does not start the trip, ARGENTINA INDIVIDUAL loses the right to the travel price. Instead, if the customer is not responsible for the withdrawal or if there is a case of force majeure, ARGENTINA INDIVIDUAL can demand appropriate compensation for the travel arrangements made up to the time of withdrawal and its expenses depending on the respective travel price.

6.3 ARGENTINA INDIVIDUAL has staggered this compensation claim over time, i.e. it has calculated a flat rate based on the proximity of the time of cancellation to the contractually agreed start of the trip, as a percentage of the trip price, and has taken into account the usual savings in expenses and the usual possible alternative uses of the travel services when calculating the compensation. The compensation is calculated according to the time of receipt of the customer's cancellation notice as follows:

  1. a) up to 45 days before departure: 20% of the travel price
  2. b) from 44 to 22 days before departure 30% of the travel price
  3. c) from 21 to 14 days before departure 50% of the travel price
  4. d) from the 13th day to the 07th day of travel 70% of the travel price
  5. e) from the 06th day to the 02th day of travel 90% of the travel price
  6. f) 1 day before the trip or non-arrival: 100% of the trip price

6.4 The customer's right to provide a substitute participant remains unaffected by the above conditions. Any additional costs incurred shall be borne by the customer.

 

  1. Rebooking

Until the start of the trip, the traveler can request that a third party assume the rights and obligations arising from the travel contract and take part in the trip instead of him. The substitute person entering into the contract and the original traveler are jointly and severally liable to ARGENTINA INDIVIDUAL for the travel price and the additional costs incurred by the third party joining. ARGENTINA INDIVIDUAL can object to the participation of the third party if the third party does not meet the special travel requirements or if their participation is contrary to legal regulations or official orders.

 

  1. Unused service

If the customer does not use individual travel services that were properly offered to him for reasons that are attributable to him (e.g. due to early return or other compelling reasons), he is not entitled to a pro rata refund of the travel price. ARGENTINA INDIVIDUAL will endeavor to have the service providers reimburse the saved expenses. This obligation does not apply if the services are completely insignificant or if legal or official provisions or contractual provisions with the local service provider prevent a refund.

 

  1. Withdrawal by ARGENTINA INDIVIDUAL

9.1 ARGENTINA INDIVIDUAL may only withdraw from the travel contract due to failure to reach the minimum number of participants if it

  1. a) in the respective travel advertisement the minimum number of participants has been specified and the time by which the customer must have received the declaration at the latest before the contractually agreed start of the trip has been specified and
    b) the minimum number of participants and the latest cancellation deadline are clearly stated in the travel confirmation or reference is made to the relevant information in the travel description. Cancellation must be notified to the customer no later than 35 days before the agreed start of the trip. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, ARGENTINA INDIVIDUAL must immediately exercise its right of cancellation. If the trip is not carried out for this reason, the customer will receive a refund of any payments made towards the travel price immediately.

9.2 ARGENTINA INDIVIDUAL may terminate the travel contract without notice if the traveler, despite a warning from ARGENTINA INDIVIDUAL, persistently disrupts the contract or if he behaves in such a way that is contrary to the contract that immediate termination of the contract is justified. If ARGENTINA INDIVIDUAL terminates the contract, he retains the right to the travel price; however, he must be credited with the value of the expenses saved and the benefits he receives from using the unused service for other purposes, including the amounts credited to him by the service providers. ARGENTINA INDIVIDUAL can authorize local representatives (tour operators, tour guides) to exercise this right.

 

  1. Cancellation due to force majeure / return transport

10.1 If the trip is significantly made more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both ARGENTINA INDIVIDUAL and the customer may terminate the contract.

10.2 In this case, ARGENTINA INDIVIDUAL may demand appropriate compensation for the travel price for travel services already provided or still to be provided.

10.3 ARGENTINA INDIVIDUAL is under no circumstances obliged to take the necessary measures to return the traveler. The additional costs for the return journey are to be borne entirely by the traveler. This also applies to additional costs due to force majeure, which are borne by the traveler - e.g. additional costs due to hotel rebookings.

  1. Customer’s obligation to cooperate

11.1 Notification of defects

If the trip is not provided in accordance with the contract, the customer can demand redress. However, the customer is obliged to notify ARGENTINA INDIVIDUAL of any travel defects that have occurred immediately by email. If the customer fails to do so through negligence, the price of the trip will not be reduced. This only does not apply if the notification is clearly futile or unreasonable for other reasons.
11.2 Setting a deadline before termination
If a customer wishes to terminate the travel contract due to a travel defect or for an important reason that is recognizable to ARGENTINA INDIVIDUAL due to unreasonableness, he must first give ARGENTINA INDIVIDUAL a reasonable deadline to remedy the situation. This only does not apply if remedy is impossible or is refused by ARGENTINA INDIVIDUAL or if the immediate termination of the contract is justified by a special interest of the customer that is recognizable to ARGENTINA INDIVIDUAL.

11.3 Damage to and delays to baggage
ARGENTINA INDIVIDUAL is not liable for damage or delays in the delivery of baggage during air travel. It is recommended that these be reported immediately on the spot by submitting a damage report to the relevant airline.

11.4 Travel documents
The customer must inform ARGENTINA INDIVIDUAL if he does not receive the necessary travel documents (e.g. vouchers for excursions, hotel vouchers) within the deadline communicated by ARGENTINA INDIVIDUAL.

11.5 Follow-up to security requests

The customer is obliged to provide information on tours marked as adventure or trekking trips. Travelto comply with the safety instructions of the tour guides appointed by ARGENTINA INDIVIDUAL or its representatives. In the event of a breach, any kind of claim for damages against the local service provider will be void.

 

  1. Limitation of liability

ARGENTINA INDIVIDUAL is not liable for service disruptions, personal injuries and property damage in connection with services that are only brokered to local service providers as third-party services (e.g. excursions, transport services to and from the advertised departure and destination locations, accommodation services, restaurant services, sporting activities). Claims for damages must be made directly to the local service provider.

  1. Exclusion of claims

The customer must assert claims due to non-contractual provision of the trip within one month of the contractually agreed date of termination of the trip. After the deadline has expired, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own.

 

  1. Air transport services

ARGENTINA INDIVIDUAL does not arrange air transport services and cannot be held liable for these. The customer must inform himself about the identity of the operating airline and about all air transport services to be provided as part of the booked trip when booking.

 

  1. Passport, visa and health regulations

15.1 ARGENTINA INDIVIDUAL will inform citizens of a European Community state in which the trip is offered about passport, visa and health regulations before the contract is concluded, as well as about any changes to these regulations before the trip begins. For citizens of other countries, the relevant consulate will provide information. It is assumed that there are no special circumstances relating to the customer or any fellow travelers (e.g. dual citizenship, statelessness).

15.2 The customer is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations required and for complying with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. payment of cancellation costs, are at the customer's expense.

15.3 ARGENTINA INDIVIDUAL is not liable for the timely issuance and access to necessary visas by the respective diplomatic representation.

 

  1. Choice of law and jurisdiction

All relationships between ARGENTINA INDIVIDUAL and the customer are subject exclusively to Argentine law. The place of jurisdiction is Bariloche, Argentina.

  1. Severability

Should individual provisions of these General Terms and Conditions or the individual agreements prove to be invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining parts of these General Terms and Conditions and the individual agreements. The invalid, ineffective or unenforceable provision shall be replaced by a valid, effective and enforceable provision that comes closest in content to the original intention of the parties.

 

Address:

FlightandTrip

Villa Santa Isabela Number 3
Cumana, Venezuela

[email protected]

 

ARGENTINA INDIVIDUAL, April 2019

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