CRUCEMAR CRUISES, LIMITED LIABILITY COMPANY (in future, “CRUCEMAR�), with social address in White Rufino street nº 9, 28028 Madrid, CIF number B 82776527 and CICMA number 1230, is a Travel agency Wholesaler-Retail whose main activity is the commercialization of trips in cruises and different destinies from South America, mainly: Brazil, Argentina, Uruguay… develop to its specialistic commercial activity as of the Brazil destiny in Internet through the located page main Web in the URL http://portalcongonhas.com as well as in a physical establishment located in the direction it arrives indicated; it lends his products and services through mark CRUCEMAR and the related ones to Brazil through Internet under the dominion: portalcongonhas.com and under the legal cover of CRUCEMAR CRUISES LIMITED LIABILITY COMPANY, and in accordance with the following General Conditions: 1. - OBJECT. portalcongonhas.com (CRUCEMAR) serves their like intermediary between the Airline companies, the Retail Travel agencies and the final client, for the promotion and sale of tourist packages of the Brazil destiny and also with the other complementary tourist services to the cruise: tickets of airplane, transfers, stays in hotels, rent of automobiles, etc. (habitual services of a travel agency) 2. - CONDITIONS OF PROMOTION AND SALE OF THE SERVICES AND PRODUCTS. 2.1. The conditions of hiring of each one of the services or products (prices, availability, conditions of the modification or cancellation, etc.) are the established ones by the airline companies, hotel chains, receptive travel agencies of Brazil, wholesale travel agencies (if so), companies of rent of automobiles, etc. 2.2. The hiring procedure is the established one by portalcongonhas.com (CRUCEMAR). 2.3. Mode of payment: The user commits itself to pay to the services or contracted products, by means of some of the following means of payment qualified by BRASILALACARTA (CRUCEMAR): 2.4. With the habitual credit cards: VISA, MASTERCARD, American Express…, through the footbridge of payments qualified by portalcongonhas.com (CRUCEMAR) to such effects. 2.5. Payment in cash, picking up the documentation in the CRUCEMAR address: C White Rufino nº 9. 28028 Madrid. 2.6. Payment by Transference, according to the conditions that portalcongonhas.com stipulates (CRUCEMAR), will ask for an amount generally in I deposit, of a 25% or the total amount, following the proximity of the date of exit, in the maximum term of twenty-four (24) hours from the request of the services to the account number that will be facilitated by portalcongonhas.com (CRUCEMAR) the user. 2.7. Financing its purchase, in the conditions established by portalcongonhas.com (CRUCEMAR) to this end. 3. - ACCEPTANCE. The mere use of the Web implies the acceptance without reserves on the part of the user of the present General Conditions, and the confirmation in the purchase of a service or product, the commitment of the user to pay the amounts owed by anyone of means established to the effect by portalcongonhas.com (CRUCEMAR).
4. - portalcongonhas.com RESPONSIBILITY (CRUCEMAR). 4,1 Intermediation. portalcongonhas.com (CRUCEMAR) acts exclusively like intermediary between the Airline companies, receptive agencies of Brazil and/or the Wholesale Travel agency, and/or Retail Travel agency and/or the user, limiting their responsibility in front of the end user the established one by law for the Travel agencies. 4.2. Communications. portalcongonhas.com (CRUCEMAR) will not be responsible for the failures that could take place in the communications, including the erasure, incomplete transmission or delays in the remission, not committing itself either to that the communications net is operative at any moment. 4.3. Personal data. portalcongonhas.com (CRUCEMAR) has adopted all the legally demanded safety measures for the protection of the personal data provided by the CLIENT. However, BRASILALACARTA (CRUCEMAR) cannot guarantee the absolute invulnerabilidad of their security systems, nor can guarantee the security or immunity of these data in their transmission through the network. Also, portalcongonhas.com (CRUCEMAR) does not guarantee the veracity or the use of the data provided by the CLIENT. 4.4. Infalibilidad. portalcongonhas.com (CRUCEMAR) does not control nor guarantees the infalibilidad of the service or the computer science absence of virus in served by third parties through their network of vestibules that can produce alterations in their computer science system (software and hardware) or in stored documents and electronic files in their computer science system. 4.5. Utility. The connection devices that portalcongonhas.com (CRUCEMAR) puts at the disposal of the CLIENTS in the Web intend unique to facilitate to the same the search of the information available in Internet. CRUCEMAR.COM does not guarantee that the service is adapted for the accomplishment of no service further on del that contract nor that allows access to all the sites of Internet. portalcongonhas.com (CRUCEMAR) offers neither commercializes products and services available in the connected sites nor assumes responsibility some by such products or services. 4.6. Limitation of responsibility. In any case, the portalcongonhas.com responsibility (CRUCEMAR) will be limited the final price paid by the user by virtue of the services and/or contracted products, excluding specifically all responsibility by direct or indirect damages, emergent damage and/or dismissed profit.
5. - RESPONSIBILITY OF THE CARRIERS
portalcongonhas.com (CRUCEMAR) will not replace their responsibility the one of the Spanish or foreign carriers who offer the transfers or transports of the passengers and luggage. This way, portalcongonhas.com (CRUCEMAR) cannot be responsible for the schedules, of the modifications of schedules, of days, of itineraries, carrier, airplanes, the amount or the election of the correspondences, of the changes of airports. The responsibilities of the transport companies in case of damages, complaints or claims of any type are limited which appears in the general conditions of the mentioned transport companies, aerial or of another type. In the case of change of airport in Spain or abroad, the expenses of bus, taxi, etc., are to the position of the buyer. The referring schedules and indications to the schedules mentioned in electronic catalog portalcongonhas.com (CRUCEMAR) are purely indicative. portalcongonhas.com (CRUCEMAR) insists on drawing attention of the buying one on the following circumstances, that they limit the responsibility of portalcongonhas.com (CRUCEMAR) in the accomplishment of the cruises proposed in electronic catalog portalcongonhas.com (CRUCEMAR): the specific misfortunes of aerial transport, related among others to the saturation of the airspace, to the rules of airplane navigation, the term of treatment of the machines in the airports, subordinate among others to the essential preoccupation of the security of the transported passengers, can take the companies to modify the anticipated schedules, as much for the regular flights as for the special ones. In fact, any irregularity of the traffic will not jeopardize the portalcongonhas.com responsibility (CRUCEMAR).
6. - LACKING OF ATTENDANCE.
portalcongonhas.com (CRUCEMAR) will not be responsible for the lack of attendance of the buyer in the place of exit of the aerial trip of the package, what is the reason, for example caused by a delay of aerial, marine, fluvial, railway or terrestrial the section previous, still if the same is from a case of greater force, a act of God or a third party. 7. - MODIFICATIONS OF ITINERARIES AND SCHEDULES. Unfortunately, we cannot guarantee that the prescribed itinerary will be followed. Some outer circumstances (strikes, meteorological conditionses, riots, etc.) can force to suppress or to shorten to the stay or the itinerary and to introduce modifications to the anticipated itinerary, or to change more generally of airplane or scale. We could not be considered like person in charge towards the passengers therefore, or for all the breach to the respect of the schedules of indicated arrival or exit in the pamphlet, and this, whatever the scale. 8. - INTELLECTUAL AND INDUSTRIAL PROPERTY. The user recognizes that all the images, designs, drawings, contents, logo, marks and any other product susceptible to be prote'ge' by virtue of the applicable legislation in the matter of Intellectual Property, Patents and Marks to that he will have access by the use of the Web, are property of the Airline companies, Wholesale, borrowing of services, offices of tourism or CRUCEMAR. And also they could have been picked up in places of Internet where this practice this allowed. The user commits itself to do use of the Web respecting such rights. The use of the Web, as well as the hiring of services and/or products through the same on the part of the user, do not imply in any case cession to the same of rights by portalcongonhas.com (CRUCEMAR) in the matter of Intellectual Property, Patents and Marks. portalcongonhas.com (CRUCEMAR) prohibits the use of the service anyway that of direct or indirect way supposes the disobedience of the applicable legislation in the matter of Intellectual Property, Patents and Marks, being such action as well as its consequences of the exclusive responsibility of the user, that will maintain, in any case, undamaged to portalcongonhas.com (CRUCEMAR).
9. - ACCEPTANCE OF THE SUPPLY
For each of the propose options, the acceptance of the supply by the buyer is laid down by the validation, in electronic catalog portalcongonhas.com (CRUCEMAR.) by “click of validation� of the totality of the following information, between which some, emphasized, must be filled up by the buyer Name of the buyer Last names Address Direction of delivery (yes different) Email Telephone (facultative) Confirmation of order: - price, that will be confirmed to the buyer by BRAILALACARTA.COM (CRUCEMAR) before the payment of the amount - payment way - in the case of payment with card, n° of card - date of expiration
10. - EXPENSES OF CANCELLATION.
The expenses of cancellation produced by dropping of the claim of the CLIENT or cancellation of the trip could vary depending the borrower on watch who treats, reason why will be necessary to consult in each case. As general norm we indicated the following thing: All cancellation causes expenses of file that are equivalent to a 5% of the total amount of the cruise. General conditions - between 120 and 91 days before the exit: 10% of the total amount of the trip - between 90 and 61 days before the exit: 25% of the total amount of the trip; - between 60 and 31 before the exit: 50% of the total amount of the trip; - less than 30 days before the exit or nonpresentation: 100% of the total amount of the trip. Any request of cancellation must be realized by letter certified with receipt requested. The effective date will be the one of the day in which the letter arrives at portalcongonhas.com (CRUCEMAR). We advise to contract an insurance of expenses of cancellation.
11. - PAYMENT
If the CLIENT decides to realize the payment with credit card the total amount of his order of his trip or the services contracted at the time of the acceptance of the proposal of sale realized by portalcongonhas.com (CRUCEMAR) The buyer assures to portalcongonhas.com (CRUCEMAR), when been worth its bond of order, that is in regular situation with the emitter of the payment card. The validation by the buyer of the communication of its number of credit card, anticipated in the name of the validation of the order bond, bond of acceptance by the buyer of the payment of the integrity of the price that corresponds to its order. In the case in which the payment was revealed irregular, incomplete or nonexistent, for any reason, and the services to pay in the anticipated term, the provision of the services and documents of trips will be suspended and the caused expenses will be incumbent on the indebted buyer. The confirmation of a reserve jeopardizes to portalcongonhas.com (CRUCEMAR), with the reserve of payment of the anticipated services, and this within the term initially determined.
12. - FORMALITIES
For all the presented/displayed tourist services in catalog electronic portalcongonhas.com (CRUCEMAR) and governed by the present conditions of sale, the buyer must own one or several following, valid obligatory documents: passport, national document of identity, authorization of the parents, sights, medical certificate, vaccine card, etc. (in the case of being required by the competent authorities and/or they are necessary for the accomplishment of the trip) The accomplishment of the formalities incubates to the buyer of the trip, acquired stay or tourist services, that it will have to make sure before the exit of the modifications that can take part. The referring expenses to this revision are in charge of the buyer. The bought tourist service could not be reimbursed in any case when the buyer, after the nonpresentation of valid documents (passport, sights, etc.), is in the impossibility to leave the day indicated in its bond of order. In this case, the expenses related to the cancellation of this trip or stay are in charge of the buyer. With respect to the return flight, the buyer is in the obligation to again confirm in situ its flight of return, like later 72 hours before the date of return.
13. - MODIFICATION OF THE PRESENT GENERAL CONDITIONS portalcongonhas.com (CRUCEMAR) will be able, at any time, to modify the present General Conditions or to introduce new conditions of use, being enough it to communicate it in the main page Of the Web with an advance warning of FIFTEEN (15) days. These modifications will only be of application from their entrance in force.
14. - INTERRUPTION OF THE SERVICE. portalcongonhas.com (CRUCEMAR) will be able to stop lending anyone of the services offered through the Web, being enough it to communicate it in the Page of Main of the Web with an advance warning of FIFTEEN (15) days. 15. - LAW AND APPLICABLE LEGISLATION. The parts, with express resignation to their own law, accept like governing legislation of the present contract, the Spanish and is put under for the resolution of whichever litigations could derive from the same to the Courts and Courts of Madrid.
16. - PROTECTION OF PERSONAL DATA.  We informed to him that the personal character data that it provides to us, will happen to comprise of an automated file denominated “CLIENTS� del that is responsible CRUCEMAR, in order to manage the data of clients in the information shipments, management of requests, projects, policies and whichever others are necessary during the commercial relation. The file has been notified the Agency of Protection of Data and counts on the safety measures necessary to guarantee the total security of the data. Rights of access, cancellation, rectification and opposition of the Users: In fulfillment with the existing norm on protection of personal character data, it will be able to exert the rights of access, rectification, cancellation and opposition that specifically the LOPD recognizes putting itself in contact with the Person in charge of Security through the following direction of mail: CRUCEMAR C White Rufino, 9 28028 Madrid, in the terms established in Statutory law 15/1999, of 13 of December, Protection of Data of Carácter Personal (LOPD).
PRIVACY POLICY The User shows that all the data facilitated by him are certain and correct, and it is committed to communicate to Crucemar (managers of the portalcongonhas.com vestibule) the changes that take place in the same. The User must right to be against to the treatment of anyone of his data that are not essential for the celebration of the contract and to its use for any purpose different from the maintenance of their contractual relation. The policy of privacy of Crucemar guarantees to the User in any case the possibility of exercising its right of access, rectification, cancellation and opposition of its data, notifying it to Crucemar sending an email to the direction of electronic mail brasil@crucemar.com. Also, and in accordance with Law 34/2002 of Services of the Society of the Information and Electronic Commerce, Crucemar exclusively will send advertizing and promotional supplies or communications by via electronics to its direction of electronic mail or through another equivalent electronic mass media, to those Users who have granted specifically their consent. Crucemar informs to the User who will be able to terminate itself of this type of communications, following the instructions that appear in writing at the end of all our electronic mails or communicating it to the direction of electronic mail brasil@crucemar.com.
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