1. – General
The following General Terms & Conditions will be applicable to all Operations held between Samba Tours, hereinafter referred to as SAMBA TOURS, and the who hires their services, hereinafter referred to as the “CLIENT”.
SAMBA TOURS is a privately held legal entity dedicated to the sale and operation of incoming tourist programs in South America.
CLIENT is the natural person or legal entity requesting the touristic services which SAMBA TOURS will provide in the above mentioned countries.
2. – Termination of the agreement
Whenever a touristic service is requested, the CLIENT is considered to have agreed to the General Terms & Conditions herein set. Every request of services must be delivered in writing, and will be made formal once SAMBA TOURS sends their confirmation in writing, considering valid the sending of information via email, including the receipt of the information provided.
3. – Services, compensation
The extent and prices of the touristic services will both be specified on the description made in the offer, and the received confirmation. In case of any differences between the information contained in the offer and the confirmation of the order, the latter will stand as valid and binding.
4 . – Change of services and prices
4.1 SAMBA TOURS may apply changes and variations of the services described in the offer, agreed upon hiring, if it were necessary and caused by external factors not related to SAMBA TOURS, as long as those changes and variations are not major and do not affect the general planning of the hired trip, and acting in good faith. SAMBA TOURS shall immediately inform the CLIENT about such changes or variations.
4.2 SAMBA TOURS reserves the right to add additional costs to the client in case of an increase of flight rates and/or taxes implemented by the government, such as entrance fees to parks, museums, port or airport taxes.
5. – Passport, Visa and sanitary regulations
The CLIENT will be responsible for the conditions regulated by the organizations of the countries in which services are being held, whether they are migratory, sanitary or tax regulations. The notification of such regulations to the passengers will be the responsibility of the client.
6. – Cancellation
In case the client cancels a booking accepted by SAMBA TOURS, it shall reimburse the amounts which were established under the special conditions of the corresponding offer.
7. Obligation to cooperate
The client must duly inform the travelers before the beginning of their trip about the obligation to communicate to SAMBA TOURS all claims produced by any cause, in an immediate manner, trying to obtain evidence which supports the circumstances which originated such claims.
8. – Responsibility, limitations of responsibility and action
8.1 SAMBA TOURS will be responsible before the client of the adequate delivery of services and products agreed per contract.
8.2 SAMBA TOURS has insurances which policies will be disclosed to the CLIENT, and the conditions stated on such policies shall be deemed approved.
8.3 The CLIENT and the passengers who are included in the provision of touristic services shall have an international health insurance contracted with 1st level companies, not being SAMBA TOURS´s responsibility the care or expenses arisen from these circumstances.
8.4 The claim of the CLIENT to SAMBA TOURS, due to claims from the passengers, is excluded if the passenger deliberately leaves out the reason of the immediate complaint and the place where the event happened or does not comply with the obligations mentioned in point 7.
8.5 The contractual claims of the client will prescribe upon the expiration of the term of one year after the end of the journey unless otherwise stipulated in the national travel law of the traveler.
9. – Data Protection
9.1 If the CLIENT transfers in the context of the agreement personal data to SAMBA TOURS (e.g. names and contact details of contact persons at the CLIENT), SAMBA TOURS processes such data to the extend necessary for the performance of the agreement. Where applicable, legal basis is Art. 6 (1) 1 lit. b of the General Data Protection Regulation (“GDPR”). SAMBA TOURS will only transfer such personal data to third parties if this is justified under Data Protection Law, e.g. in the context of a data processing agreement.
9.2 Beyond that, SAMBA TOURS will contact its CLIENTs regularly via personal email with attractive offers or invitations and will also subscribe the CLIENT to the SAMBA TOURS Newsletter being issued one to two times a month and containing interesting information to local products, regions, events as well as news of SAMBA TOURSs portfolio all over South America. Legal basis for such data processing is our legitimate interest in client care and in the advertising of our products according to Art. 6 (1) 1 lit. f GDPR. The CLIENT may object at any time to the processing of his personal data for this purpose by informal notification of SAMBA TOURS or by using the “Unsubscribe”-link in every newsletter.
9.3 If the CLIENT transfers in the context of the agreement personal data of passengers to SAMBA TOURS, SAMBA TOURS ensures that such data will be used solely for the performance of the services subject to the agreement. Where applicable, legal basis is Art. 6 (1) 1 lit. b GDPR. SAMBA TOURS will only transfer such personal data to third parties if this is necessary for the performance of the agreement. CLIENT is solely responsible for the fulfillment of all obligations for information (Art. 13, 14, 26 (2) GDPR), including the information on the transfer of personal data to SAMBA TOURS and their suppliers, as well as for all further rights of the data subject (Art. 15 et seqq.). If SAMBA TOURS receives any requests from the data subject, SAMBA TOURS will forward such request to the CLIENT without undue delay. Beyond that, CLIENT and SAMBA TOURS will mutually support each other with respect to the compliance with GDPR, whereas every party is responsible for the data processing in its sphere.
9.4 SAMBA TOURS has designated South American Tours GmbH, Kaiserstrasse 23, 60311 Frankfurt am Main, Germany, as representative in the European Union according to Art. 27 GDPR. If personal data is transferred to a third country, SAMBA TOURS ensures that either the transfer is based on an adequacy decision of the commission (Art. 45 GDPR), the transfer is subject to appropriate safeguards (Art. 46 GDPR) or the data transfer is necessary for the performance of an agreement (Art. 49 (1) lit. b GDPR).
9.5 SAMBA TOURS provides to the client further information on data protection in its Data Protection Policy, available when requested.
10. – Final clauses
10.1 For all of the legal relations of the parties, the applicable law will be that of Brazil.
10.2 Rio de Janeiro will be the head office for all the conflicts that might arise upon the contractual relation.
10.3 All conflicts will be settled at an Arbitral Tribunal in the city of Rio de Janeiro, and the judgment will be indisputable.