TOURIST SERVICES INTERMEDIATION CONTRACT
SUMMARY TABLE
I - SPECIFIC CONDITIONS
1. THE PARTIES
A) CONTRACTING CLIENT. Hereinafter referred to as "CLIENT".
B) MOTONOMADS LTDA, a company duly registered with the CNPJ under no.: 50.050.291/0001-09, with its registered office at Rua Madre Maria Theodora, 406, Itu/SP, hereinafter referred to only as "MTN".
2. OBJECT
The purpose of this contract is to provide 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 places in lodging facilities; (3) support transportation, all in accordance with the contractual specifications contained herein.
3. INFORMATION ON THE CONTRACTED SERVICES
MTN will provide the CLIENT and other passengers with all the information on the general and specific conditions of this contract, as well as any other guidelines necessary for the proper use of the tourist services contracted.
4. PRICE AND PAYMENT
4.1 For the services provided by MTN, the CLIENT will pay the amount for the contracted tour, indicated on our website, referring to the services provided to the CLIENT and other passengers.
4.2. Payment of the package price can be made in the following ways: (1) Payment in one installment, which must be made between the date of contracting the package and 120 days before the start of the tour, (2) Payment in installments, with the first installment paid within 10 days of contracting the package and the remaining installments paid every 30 days, the last of which must be paid in the month prior to the start of the tour.
4.3 In the case of payment in installments, failure to pay any of the installments will result in the collection of the total amount due, with the maturity of the installments falling due, monetarily adjusted by the IGP-M, plus default interest of 1% per month, "pro rata die", and a default fine of 2% of the amount of the outstanding debt.
5. CANCELLATION, ALTERATION AND TRANSFER OF SERVICES
5.1 Cancellation is understood to mean the partial or total withdrawal from the trip and/or the contracted services, as well as changes to the dates and locations of the start of the trip by the CLIENT, entry and/or exit, return and changes to the destination of the trip.
5.2 Requests by the CLIENT to cancel the trip or the contracted services must be made in writing to MTN.
5.3 In the event of cancellation by the CLIENT, a contractual fine will be charged on the value of the contracted package, according to the date of notification to MTN. The fine will be set 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 price.
b. - Notification made between 120 and 91 days before the start of the trip: 70% refund of the package price.
c. - Notification given between 90 and 61 days before the start of the trip: 50% refund of the package price.
d. - Notification given between 60 and 31 days before the start of the trip: 30% refund of the package price.
e. - Notification from 30 to 0 days before the start of the trip: 15% refund of the package price.
5.4 Once contractual acceptance has been confirmed by electronic means, the CLIENT may exercise their right of withdrawal in writing within seven (07) days of the date of contracting.
5.5. The CUSTOMER who does not show up on the dates and places where the trip begins, abandons or gives up the trip and other services after they have begun, or unilaterally modifies the contracted conditions, will assume all the expenses incurred, with MTN and other service providers being exempt from granting reimbursement or compensation for unused or replaced services.
5.6 The CLIENT's transfer of rights to other persons constitutes cancellation.
5.7 In the event of non-payment of any of the price installments on the due date, MTN reserves the right to cancel the provision of the contracted services, in which case the fine provided for in clause 5.3 will apply.
5.8 In the event of cancellation by MTN, MTN undertakes to refund 100% of the amounts paid by the CLIENT within 7 days of the date of notification of cancellation to the CLIENT.
6. RESPONSIBILITY AND ASSUMPTION OF RISK - DRIVING MOTORCYCLES AND OTHER VEHICLES
6.1 The CLIENT and other passengers acknowledge that they wish to drive motorcycles and/or other vehicles under their own responsibility and that they are aware that driving these vehicles involves taking risks, which may result in damage, serious injury or even death to the drivers, passengers and/or third parties.
6.2 The CLIENT is responsible for the facts and costs 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 other liability in the event of accidents or other incidents resulting from the driving of motorcycles and other vehicles by the CLIENT or other persons during the trip.
6.4 The CLIENT waives any judicial or extrajudicial measure against MTN that is based on accidents or other incidents resulting from the driving of motorcycles and other vehicles by the CLIENT or other people during the trip, including, but not limited to, actions for death, total or partial disability, bodily injury or property damage, costs with doctors, hospitals, among others.
7. LIMITATIONS OF RIGHTS
All clauses that may imply any limitation to the CLIENT's rights are clearly and prominently written and have been previously read, understood, accepted and subscribed to by the CLIENT.
8. TERM OF ACCEPTANCE AND ADHESION TO THE CONTRACT
The CLIENT hereby declares, by agreeing to this contract, that he/she has read and therefore knows and fully accepts all of its clauses above and those found in the rest of this instrument, also declaring that they meet his/her request and that all the information provided to MTN is true, assuming, of his/her own free will, all the responsibilities and duties set out therein.
II- GENERAL CONDITIONS OF CONTRACT
9. NATURE OF THE SERVICES CONTRACTED
MTN's business activity is the paid intermediation between suppliers and consumers of tourist services, the organization of travel programs and activities complementary to these services, listed briefly in clause 2 above and on the MTN website according to the contracted package.
10. RESPONSIBILITIES AND DUTIES OF MTN
10.1. MTN assumes no liability for any and all problems, losses or damages resulting from acts of God or force majeure, such as, but not limited to: strikes, disturbances, quarantines, wars; natural phenomena, such as earthquakes, tsunamis, volcanoes, hurricanes, storms, floods, avalanches, blizzards, frosts or even for the modifications, delays and/or cancellation of routes due to political, operational and organizational, judicial, air traffic, technical, mechanical and/or meteorological reasons, over which it has no power of prediction or control.
10.2 The GUIDE in charge is authorized to make changes to routes that may be necessary to maintain the safety and integrity of the CLIENT, who is obliged to comply with them.
10.3 There will be no refunds or price adjustments as a result of changes to the planning and conditions initially envisaged for the trip due to events belonging to the categories dealt with in clause 10.1.
11. SERVICES OF FREE CHOICE
MTN shall not be liable for any facts relating to services of the CLIENT's own choice, such as those directly contracted from local tour operators, as well as others not indicated on the MTN website, in accordance with the package contracted.
12. DRIVING MOTORCYCLES AND OTHER VEHICLES
The CUSTOMER and other passengers acknowledge that they wish to drive motorcycles and/or other vehicles under their sole responsibility in accordance with the terms of clause 6.1 and 6.2, and that they are aware that driving such vehicles involves the assumption of risks, which may result in damage, serious injury and even death of the drivers 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 part of this contract.
14. LIABILITY FOR THE PASSENGER'S ACTIONS
14.1 The CLIENT is responsible for the actions of the Passengers indicated by him/her in breach of the responsibilities and duties set out in this Contract. Any breach by the Passenger will produce the same effects as for the CLIENT himself.
14.2 The CUSTOMER assumes knowledge of the traffic laws of the destination countries, as well as being solely responsible for penalties, fines or charges including damage to persons or property of third parties, as well as other participants, caused by speeding, negligent driving or any other condition of their conduct.
14.3 It is strictly forbidden for the CLIENT or the Passenger to ride a motorcycle, to be transported on a motorcycle as a passenger, or to drive any other vehicle when they are not in perfect psychological or health condition, or when they are under the influence of alcohol, drugs or medication that could compromise their driving/riding ability. Any medical condition requiring the consumption of medication that could compromise 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 an ethical and disciplined conduct during the trip and must follow all the guidelines and recommendations of the Guide in charge. The CLIENT who violates this contract, the local traffic rules, the guidelines and recommendations specified by the contracted companies or the Guide of the trip, endangering their physical integrity, that of third parties or other participants, will be disconnected from the trip, with MTN and the Guide being exempt from any responsibility for the interruption of the services initially provided.
15.2 The CLIENT who breaches the Contract under the terms of clause 15.1 will not be entitled to a refund of any portion of the contracted amount, and clause 5.5 of this Contract will apply. In this case, MTN will assist the CLIENT with the arrangements for returning to the original destination. Additional expenses will be the sole and exclusive responsibility of the CLIENT.
16. SCHEDULED TIMES AND PLACES AND NO-SHOWS
16.1 In order to properly provide the contracted services, the CLIENT must observe and follow the locations, dates and times of the purchased package, defined on the MTN website.
16.2. The non-attendance of the CUSTOMER and/or Passengers at the time, date and place indicated for the start of the services shall constitute withdrawal from the contracted services, governed by clause 5.5 of this Contract.
17. LUGGAGE AND VALUABLES
17.1 The CUSTOMER's luggage and other personal items, when transported by passenger transport companies or in the possession of travel agencies, hotels and other companies in the destination cities, are not the subject of this Contract, and MTN is not responsible for the loss, theft, loss or damage that luggage and other personal items may suffer in these situations, for any reason, including their handling in transfers when this service is offered by other companies. In the event of any damage or loss, the CLIENT must submit a claim to the company responsible and to MTN at the time of the incident, which, although exempt from liability, will assist the CLIENT.
17.2 MTN undertakes to transport one suitcase per participant weighing up to 23 kg during the trip, and may refuse to transport suitcases weighing more than 23 kg or a quantity of luggage in excess of 1 (one) piece.
18. GUIDES
Guides on tours abroad are locals and therefore may have different customs to Brazilians. They also speak the language of the destination and generally have knowledge of English and/or Spanish. If the CLIENT has any difficulty speaking the language of the destination, he/she must inform MTN in advance.
19. DOCUMENTATION
Personal documentation, in original, recent copies, in good condition and within the period of validity, such as: passport with at least 6 months validity from the start date of the tour, ID card, 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 countries of destination of the tour, boarding any form of transport or starting the trip, caused by the absence, poor condition of the documentation, or being illegible, torn, adulterated, laminated, torn or invalid, will characterize the withdrawal of the contracted services, governed by clause 5.5. of this Contract.¬¬¬¬
20. CANCELLATION OR SUSPENSION OF THE TRIP BY MTN
In the event of cancellation of the trip by MTN, MTN undertakes to refund the amounts paid within 7 days of notification of the trip's cancellation.
21. MINIMUM NUMBER OF PARTICIPANTS
MTN reserves the right to modify or cancel the trip if the minimum number of 6 participating motorcycles is not reached. For the trip in which the minimum number of participants is not reached, MTN may:
i. - Propose to the participant that the price of the trip be recalculated so that it takes place with the reduced number of participants;
ii. - Modify the route, the support for the trip or the type of hotels and services included;
iii. - Offer the amount paid by the CLIENT for the package as a credit for future use, or apply clause 5.8.
22. CANCELLATION AND ALTERATION OF SERVICES DUE TO ACTS OF GOVERNMENT AUTHORITY
Restrictions on the CUSTOMER's entry or stay in foreign territory will be the sole and exclusive decision of the local authorities, who exercise total control of their borders, with the power to authorize or not their 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 community and international standards, 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 therefore owing any payment to the CLIENT, Passengers and other participants.
24. COMPLAINTS
24.1 In the event of a complaint regarding the provision of MTN's services, the CLIENT must submit it in writing to MTN within 30 days of the service being provided, in accordance with Article 26, Item I, paragraph 1 of the Consumer Defense Code (L. 8.078/90). If it does not do so within the stipulated period, the contractual relationship will be considered perfect and finished.
24.2 Complaints must be duly reported to MTN itself, so that it can assist the CLIENT in obtaining any compensation.
25. FINAL PROVISIONS
The CUSTOMER must declare their special condition to MTN when requesting the reservation, in order to enable intermediation aimed at acquiring services that best meet their needs when they need help to get around or constant help due to any need for diet, special food or even if they have a serious illness or need special attention, have cardiac, respiratory or similar aids or if they are pregnant.
26. FORUM
26.1 To settle any and all doubts arising from this contract, the PARTIES elect, by choice of law, the jurisdiction of the District of the Capital of the State of São Paulo, to the exclusion of any other, however privileged.
26.2 The CLIENT hereby declares, by accepting the terms of this contract, that he/she has read and therefore knows and fully accepts all its specific and general clauses, and also declares that all the information provided to MTN is true, assuming, of his/her own free will, all the responsibilities provided for in this Contract.
