Terms of Commitment
TOUR SERVICE INTERMEDIATION AGREEMENT
SUMMARY TABLE
I – SPECIFIC CONDITIONS
1. PARTIES
A) CONTRACTING CLIENT. Hereinafter referred to as “CLIENT”.
B) MOTONOMADS LTDA, a company duly registered with CNPJ under no. 50.050.291/0001-09, with headquarters at Rua Madre Maria Theodora, 406, Itu/SP, hereinafter referred to as “MTN”.
2. OBJECT
The purpose of this agreement is the provision of intermediation services by MTN to the CLIENT, covering (1) the acquisition of travel programs, which may be organized by MTN and/or third parties; (2) the reservation and payment of accommodation slots; (3) support transportation, all according to the contractual specifications contained herein.
3. INFORMATION ABOUT THE CONTRACTED SERVICES
MTN shall provide the CLIENT and other passengers with all information regarding the general and specific conditions of this contract, and other necessary guidance for the proper use of the contracted tourist services.
4. PRICE AND PAYMENT
4.1. For the services provided by MTN, the CLIENT shall pay the amount corresponding to the contracted tour, as indicated on our website, referring to the services provided to the CLIENT and other passengers.
4.2. Payment for the package can be made in the following ways: (1) Payment in a single installment, to be made between the package contracting date and 120 days before the start of the tour, (2) Installment payment, with the first installment paid within 10 days of contracting the package and subsequent installments paid every 30 days, with the last installment due in the month preceding the start of the tour.
4.3. In case of installment payment, non-payment of any installment of the price will result in the collection of the total amount due, with early maturity of future installments, monetarily adjusted by IGP-M, plus late payment interest of 1% per month, “pro rata die”, and a late payment penalty of 2% of the outstanding debt.
4.4. For packages sold in foreign currency (Dollar & Euro), payment can be made in the following ways: (1) In cash in foreign currency, (2) to MTN's international account, or (3) a 4% surcharge will be added to the commercial exchange rate, covering the financial costs of the operation, and a bill in Brazilian Reais will be sent for payment.
4.5. Trips characterized as “private groups” are subject to specific and exclusive commercial conditions, as established in the commercial proposal duly accepted by the CONTRACTING PARTY, with values calculated based on the minimum number of participants agreed upon by the parties. Any reduction in the number of participants will automatically imply the review and readjustment of the individual package values, aiming to maintain the economic-financial balance of this contract. This travel modality – private groups – does not apply to any promotions, discounts arising from MotoNomads' loyalty programs, or other commercial benefits, as the agreed values already result from a differentiated and specific negotiation for this operation.
5. CANCELLATION, ALTERATION, AND TRANSFER OF SERVICES
5.1. Cancellation is understood as the partial or total withdrawal from the trip and/or contracted services, as well as changes in dates and starting locations of the trip by the CLIENT, entry and/or exit, return, and alteration of the trip's destination.
5.2. Cancellation requests for the trip or contracted services by the CLIENT must be submitted in writing to MTN.
5.3. In the event of a cancellation initiated by the CLIENT, for a tour characterized as a “calendar group,” a contractual penalty will be charged on the value of the contracted package, according to the date of notification to MTN. The penalty will be defined according to the refund percentages indicated in the list below:
a. – Notification made more than 120 days before the start of the trip: 100% refund of the package value.
b. – Notification made 120 to 91 days before the start of the trip: 70% refund of the package value.
c. – Notification made 90 to 61 days before the start of the trip: 50% refund of the package value.
d. – Notification made 60 to 31 days before the start of the trip: 30% refund of the package value.
e. – Notification made 30 to 0 days before the start of the trip: 15% refund of the package value.
5.4. In the event of a cancellation initiated by the CLIENT, for a tour characterized as a “private group,” the deadlines provided in Clause 5.3 will not apply, and the said cancellation will be subject, at the sole discretion of the CONTRACTED PARTY, to the adoption of one or more of the following measures:
a. – Imposition of a compensatory penalty, with values to be defined, depending on factors that will be analyzed on a case-by-case basis.
b. – Readjustment of the package value for the remaining participants of the trip, to reflect the financial impact resulting from the withdrawal;
c. – Obligation of the group to arrange for the replacement of the withdrawing participant with another, who must meet the requirements and conditions established by the CONTRACTED PARTY, so that the initially negotiated conditions are maintained.
5.5. In the event of cancellation by all CLIENTS of the same group, for a tour characterized as a “private group,” the deadlines provided in Clause 5.3 will not apply, and a cancellation penalty will be applied, the value of which will be determined according to negotiations with MTN's suppliers.
5.6. Once contractual acceptance is confirmed electronically, the CLIENT may exercise their right of repentance, in writing, within 07 (seven) days from the date of contracting.
5.7. The CLIENT who fails to appear on the dates and at the locations for the start of the trip, abandons or withdraws from the trip and other services after their provision has begun, or unilaterally modifies the contracted conditions, shall bear all incurred expenses, with MTN and other service providers being exempt from granting refunds or compensation for unused or substituted services.
5.8. The transfer of rights by the CLIENT to other persons constitutes a cancellation.
5.9. In the event of non-payment of any installment of the price on its due date, MTN reserves the right to cancel the provision of contracted services, in which case a cancellation penalty will be applied, the value of which will be determined according to negotiations with MTN's suppliers.
6.0. In the event of a cancellation initiated by MTN, it undertakes to refund 100% of the amounts paid by the CLIENT within 7 days of the date of notification of the cancellation to the CLIENT.
6. RESPONSIBILITY AND ASSUMPTION OF RISKS – MOTORCYCLE AND OTHER VEHICLE OPERATION
6.1. The CLIENT and other passengers acknowledge that they wish to operate motorcycles and/or other vehicles under their sole responsibility and are aware that operating these vehicles involves the assumption of risks, which may result in damage, serious injury, and even death to the operators themselves, passengers, and/or third parties.
6.2. The CLIENT is responsible for the facts and burdens of all events arising from the use of motorcycles and other vehicles.
6.3. The CLIENT irrevocably exempts MTN, its partners, legal representatives, administrators, managers, and employees from any criminal, civil, administrative, or any other type of liability in the event of accidents or other occurrences resulting from the operation of motorcycles and other vehicles by the CLIENT or by other persons during the trip.
6.4. The CLIENT waives any judicial or extrajudicial action against MTN that aims to discuss issues based on accidents or other occurrences resulting from the operation of motorcycles and other vehicles by the CLIENT or by other persons during the trip, including, but not limited to, actions for death, total or partial disability, bodily or material damages, medical costs, hospital costs, among others.
7. LIMITATIONS OF RIGHTS
All clauses that may imply any limitation to the CLIENT's rights are written clearly and prominently and have been previously read, understood, accepted, and subscribed by the CLIENT.
8. TERMS OF ACCEPTANCE AND ADHERENCE TO THE CONTRACT
The CLIENT declares, at this moment, by agreeing to this contract, to have read and, therefore, to know and fully accept all its clauses above and those contained in the remainder of this instrument, further declaring that they meet their request and that all information provided to MTN is true, assuming, freely and spontaneously, all responsibilities and duties established therein.
II- GENERAL TERMS OF CONTRACTING
9. NATURE OF CONTRACTED SERVICES
MTN's business activity is the remunerated intermediation between suppliers and consumers of tourist services, the organization of travel programs and complementary activities to these services, summarized in clause 2 above and on MTN's website according to the contracted package.
10. RESPONSIBILITIES AND DUTIES OF MTN
10.1. MTN assumes no responsibility for any and all problems, losses, or damages resulting from unforeseen circumstances or force majeure, such as, but not limited to: strikes, disturbances, quarantines, wars; natural phenomena, such as earthquakes, tsunamis, volcanoes, hurricanes, storms, floods, avalanches, snowfalls, frosts, or even modifications, delays, and/or cancellations of routes due to political, operational, and organizational, judicial, air traffic, technical, mechanical, and/or meteorological reasons, over which it has no power of foresight or control.
10.2 The responsible GUIDE is authorized to make necessary route changes for the maintenance of the CLIENT's safety and integrity, which the CLIENT is obliged to comply with.
10.3 There will be no refund or price adjustment due to changes in the planning and conditions initially foreseen for the trip due to occurrences belonging to the categories dealt with in clause 10.1.
11. SERVICES OF FREE CHOICE
MTN bears no responsibility for any facts related to services freely chosen by the CLIENT, such as those directly contracted from local tour operators, in addition to others not indicated on MTN's website, according to the contracted package.
12. MOTORCYCLE AND OTHER VEHICLE OPERATION
The CLIENT and other passengers acknowledge that they wish to operate motorcycles and/or other vehicles under their sole responsibility according to the terms of clauses 6.1 and 6.2, and are aware that operating these vehicles involves the assumption of risks, which may result in damage, serious injury, and even death to the operators themselves, passengers, and/or third parties.
13. RESPONSIBILITIES AND DUTIES OF THE CLIENT
The CLIENT is responsible for the full payment of the contracted trip, under the terms of clause 4.1 of the “Summary Table,” which is an integral part of this contract.
14. RESPONSIBILITY FOR PASSENGER'S ACTIONS
14.1 The CLIENT is responsible for the actions of the Passengers indicated by them that are not in accordance with the responsibilities and duties established in this Contract. Any violation by the Passenger will produce the same effects as those provided for the CLIENT.
14.2 The CLIENT assumes knowledge of the traffic laws of the destination countries, as well as assumes sole responsibility for penalties, fines, or charges including damages to persons or property of third parties, as well as other participants, caused by speeding, negligent riding, or any other condition of their conduct.
14.3 It is strictly prohibited for the CLIENT or Passenger to operate a motorcycle, be transported on a motorcycle as a passenger, or operate any other vehicle when not in perfect psychological condition, health condition, or when under the influence of alcohol, drugs, or medications that may impair their driving/riding ability. Any medical condition requiring the consumption of medication that may impair driving/riding ability must be declared by the participant before the start of the trip.
15. CONDUCT DURING THE TRIP
15.1 The CLIENT must maintain ethical and disciplined conduct during the trip and must follow all instructions and recommendations of the responsible Guide. The CLIENT who violates this contract, local traffic rules, instructions and recommendations specified by contracted companies or by the trip Guide, endangering their physical integrity, that of third parties, or other participants, will be dismissed from the trip, with MTN and the Guide being exempt from any responsibility for the interruption of the initially planned services.
15.2 The CLIENT who violates the Contract, under the terms of clause 15.1, will not be entitled to the refund of any portion of the contracted amount, and clause 5.5 of this Contract will be applied to them. In this case, MTN will assist the CLIENT with arrangements related to returning to the initial destination. Additional expenses will be the sole and exclusive responsibility of the CLIENT.
16. SCHEDULED TIMES AND LOCATIONS AND NON-APPEARANCE
16.1 For the adequate provision of contracted services, the CLIENT must observe and follow the locations, dates, and times of the acquired package, as defined on MTN's website.
16.2. The non-appearance of the CLIENT and/or Passengers at the time, date, and location indicated for the start of service provision constitutes withdrawal from the contracted services, governed by clause 5.5 of this Contract.
17. LUGGAGE AND VALUABLES
17.1 The CLIENT's luggage and other personal items, when transported by passenger transport companies or under the possession of travel agencies, hotels, and other companies in destination cities, are not subject to this Contract, and MTN is not responsible for the loss, theft, robbery, misplacement, or damage that luggage and other personal items may suffer in these situations, for any cause, including their handling during transfers when this service is offered by other companies. In the event of any damage or misplacement, the CLIENT must file a claim with the responsible company and MTN at the time of the incident, and MTN, even if exempt from liability, will assist them.
17.2 MTN undertakes to transport one bag per participant, weighing up to 23 kg, during the trip, and may refuse to transport bags weighing more than 23 kg or additional luggage exceeding 1 (one) item.
18. GUIDES
The Guides for tours conducted abroad are local and, therefore, may have different customs from Brazilians. Furthermore, they speak the local language of the destination and generally have knowledge of English and/or Spanish. If the CLIENT has difficulty with the local language of the destination, they must inform MTN in advance.
19. DOCUMENTATION
Personal documentation, in original, recent, good condition, and within its validity period, such as: passport with at least 6 months validity from the tour start date, Identity Card – RG, visas, vaccinations, health certificates, travel authorization for minors, among others, are the sole responsibility of the CLIENT, and MTN has no responsibility for providing, paying for, or checking them. Thus, the impossibility of entering the tour's destination countries, boarding any mode of transport, or starting the trip, caused by the absence, poor condition of documentation, or if it is illegible, torn, altered, laminated, defaced, or expired, will characterize withdrawal from the contracted services, governed by clause 5.5 of this Contract.
20. CANCELLATION OR SUSPENSION OF THE TRIP BY MTN
In the event of a trip cancellation initiated by MTN, it undertakes to refund the amounts paid within 7 days after communication of the trip cancellation.
21. MINIMUM NUMBER OF PARTICIPANTS
MTN reserves the right to modify or cancel the trip if it does not reach the minimum number of 6 participating motorcycles. For trips where the minimum number of participants is not met, MTN may:
i. – Propose to the participant a recalculation of the trip value for it to proceed with the reduced number of participants;
ii. – Modify the route, trip support, or type of hotels and services included;
iii. – Offer the amount paid by the CLIENT for the package as credit for future use, or apply clause 5.8.
22. CANCELLATION AND ALTERATION OF SERVICES DUE TO GOVERNMENTAL AUTHORITY ACTION
The restriction on the CLIENT's entry or stay in foreign territory will be by the sole and exclusive decision of local authorities, who exercise total control over their borders, with the power to authorize or deny entry, stay, and exit of goods and people from their territory. This is a right linked to the sovereignty of each State, recognized by the international community and norms, over which MTN or any other company has no power or possibility of interference.
23. AUDIOVISUAL RECORDS
All audiovisual material produced by MTN during the trip, including images of the CLIENT, Passengers, and other participants, in which they can be recognized and identified, is the intellectual property of MTN, which has the right to use this material throughout the national territory and abroad in the following ways, but not limited to: website, social media, email marketing, electronic media, and other marketing materials without owing any payment to the CLIENT, Passengers, and other participants.
24. COMPLAINTS
24.1. In case of a complaint regarding the provision of MTN's services, the CLIENT must submit it in writing to MTN within 30 days after the service provision, as per Article 26, Item I, paragraph 1 of the Consumer Defense Code (Law 8.078/90). Failure to do so within the stipulated period will result in the contractual relationship being considered perfect and concluded.
24.2 Complaints must be duly reported to MTN itself, so that it can assist the CLIENT in obtaining any eventual compensation.
25. FINAL PROVISIONS
The CLIENT must declare their special condition to MTN at the time of requesting the reservation, to enable intermediation aimed at acquiring services that best meet their needs when requiring assistance with mobility or constant assistance due to any dietary needs, special diet, or if they suffer from a serious illness or require special attention, are a carrier of cardiac, respiratory, or similar assistance devices, or in the event of pregnancy.
26. JURISDICTION
26.1. To resolve any and all doubts arising from this contract, by election, the PARTIES elect the Court of the Capital District of the State of São Paulo, to the exclusion of any other, however privileged it may be.
26.2. The CLIENT declares, at this moment, by accepting the terms of this contract, to have read and, therefore, to know and fully accept all its specific and general clauses, further declaring that all information provided to MTN is true, assuming, freely and spontaneously, all responsibilities provided for in this Contract.