SPECIFIC CONDITIONS OF CANCELLATION AND CHANGES TO THE CONTRACTED SERVICE
4.1 In the event of cancellation, at any time, the CLIENT shall pay the next instalment of the Contract, regardless of the form of payment, as of the date requested, to meet the required period of internal procedures and the requirements of financial institutions.
4.2 In case of withdrawal, transfer and / or cancellation of the Contracted Package, the CLIENT will reimburse VIVEJAR for the amount due, calculated on the total amount actually received by the agency, excluding the amount of the retained commission, as well as administrative expenses and amounts already paid in advance to suppliers.
4.3 Date changes and / or requests for trip cancellation shall be made in writing by the CLIENT to VIVEJAR, and may be by e-mail: [email protected], are subject to penalties made clear in this Agreement.
4.3.1 In agreement with the normative deliberation nº 161 of August 9, 1985, of Embratur, in case of withdrawal after signing this Agreement, VIVEJAR will retain:
- a) 10% (ten percent) of the total amount described in the Commercial Proposal if such termination is formally communicated to VIVEJAR within thirty (31) days prior to the date of departure;
- b) 20% (twenty percent) of the total amount described in the Commercial Proposal if such termination is formally communicated to VIVEJAR between thirty (30) and twenty-one (21) days prior to departure; and
- c) 80% (eighty percent) of the total value described in the Commercial Proposal if such withdrawal occurs within twenty (20) days prior to the date of departure.
4.3.2 If the tour services described in the Commercial Proposal include the provision of charter flights and / or scheduled flights in block-charter systems by VIVEJAR, in these cases, cancellation or non-attendance for boarding or failure to use the air ticket shall cause the CLIENT to forfeit the right to another boarding or refund of the ticket.
4.3.3 In cases whereas VIVEJAR includes flights in the final ticket price, air fares will have reduced special fares, which imply certain restrictions such as: endorsements, changes of routes, refunds etc. If the CLIENT wishes to cancel or make any changes to the airline tickets, once they have been issued to the CLIENT, the CLIENT will be subject to the penalties outlined in the airline’s tariff rules and eventual reimbursement will only be made after the compensation by the airline to VIVEJAR.
4.4 If cancellation happens within 7 (seven) days of trip commencement, the CLIENT agrees to pay an administrative fee of 20% (twenty percent) and fines levied by suppliers (carriers, receptions, hotels, restaurants, and other services), considering that VIVEJAR is merely an intermediary in the contracting of tourist services and depends on third parties for its effective execution.
4.5 In case the commitments with third parties assumed by VIVEJAR are higher than the percentages established in items 4.3 and 4.4 above, the CLIENT will be, in the event of cancellation, responsible for the payment,, as well as any penalties applied by the other service providers.
4.6 In case of non-attendance of the trip, abandonment after it has started or in the case whereas no contracted service is used, the CLIENT will not reimbursed any amount paid by the CLIENT, considering that VIVEJAR will have to bear all the costs of the trip as if it had occurred normally.
4.7 In case of cancellation after payment of the Reservation Fee by the CLIENT, the refund amount will be calculated based on this policy, and should be observed to Clauses 4.2 and 4.3.