Terms and Conditions
These Terms and Conditions (“TERMS & CONDITIONS”) constitute a binding contract (“CONTRACT”), governing your access and use, as the person who makes the agreement to purchase and/ or any person on whose behalf you agree to purchase, (“USER”), in national territory, of access and contracting through the internet tourist services (“SERVICES”) provided by LAUREN AMBER QUINN 063.178.457-86, sole proprietor, registered in the CNPJ/MF under no. 28.294.238/0001-96, headquartered at 219 Barão da Torre Street, Ipanema, Zip Code: 22.411-001, Rio de Janeiro, RJ, Brazil (“BROMELIA RIO”)
When you access, register and contract the Services, you explicitly, agree to these Terms and Conditions that establishes a contractual relationship between the User and BROMELIA RIO. Additional terms, however, may apply to certain Services, such as events, acts or promotional conditions. These additional terms will be announced on the website and are an integral part of these Terms and Conditions even prevailing over these Terms and Conditions in case of conflict of rights about the Services.
BROMELIA RIO can amend these Terms and Conditions at any time and the new versions are effective as soon as published to the Users. The access or contracting after disclosure represents the consent to accept the new Terms and Conditions.
- BROMELIA RIO is a marketplace that allows certain Third-Party Providers (“THIRD-PARTY PROVIDERS”) to advertise Services on its website (“PLATFORM”) available on the site https://www.bromeliario.com , market its own Services and, also, allows Users to buy or contract these Services.
- The Platform intermediates the contracting of tourist Services as package tours, booking accommodations and transfers.
- The Platform is available on a 24/7 basis, except in the case of maintenance or upgrade.
- Maintenance might be necessary for reasons beyond the control of BROMELIA RIO as unforeseeable circumstances or in cases of ‘Force Majeure’.
- Unless there is an agreement between BROMELIA RIO and the Users, the Services are for personal, non-commercial use.
- BROMELIA RIO works only as a tourist agency. Services are promoted and provided by Third-Party Providers, which are not employees or agents of BROMELIA RIO.
- It is possible that certain Services published on the Platform, occasionally, will be provided by BROMELIA RIO itself. Although not being the rule, in the given circumstance this will be expressly informed on the Platform or other means of communication with the User.
- The Services and Terms and Conditions have been developed in accordance with (Law no. 8.078/90) and Decree no. 7.962/2013 according to Brazilian Law.
- Any changes or extinction of Services shall affect these Terms and Conditions and, in this case, the User will be warned on the Platform.
- To contract Services, it is necessary to choose the Service, select the purchase button and carry out the registration on the Platform by filling out the given form with personal data and “accepting” these Terms and Conditions.
- By signing up for the Platform, the User agrees that all information is accurate, reliable and up to date. BROMELIA RIO is under no obligation to check the accuracy of the information.
- If the data is false, BROMELIA RIO may suspend the User’s right to buy contract the Services.
- BROMELIA RIO is not responsible for the unsuitable use of personal or banking data by third parties The User must agree to notify BROMELIA RIO immediately of any unauthorized use of their data or breach of security.
- When entering personal data, the User agrees to its storage on the BROMELIA RIO servers.
- The User agrees that BROMELIA RIO can use their personal data for the following purposes: (i) identification and communication by telephone, email, cellphone messages (SMS) or other means of communication when necessary; (ii) optimization of the User experience during navigation of the website; (iii) research and preparation of general statistics on website performance; (iv) to carry out campaigns on Services and BROMELIA RIO and (v) to inform, with prior authorization by the User, new Services that may be accessed by him, using the website.
- After registration, the User can contract Services.
- The Services detailed on the Platform, are in agreement with article 31 of Law no. 8.078/90 (Brazilian Law), provide correct and accurate information about Services including departures dates, itineraries, tours, means of transport, accommodation, meals, translations, prices, and forms of payment.
- The advertisements and promotional material provided by BROMELIA RIO or Third-Party Providers, which contain the full price or isolated tariffs of the Services, are also in accordance with the Consumer Protection Code and may be subject to possible changes without prior notice.
- The Services promoted on the Platform do not include any benefits other than those presented, such as the payment of a tourist tax, passport issuance, transport, consular visas, vaccines, baggage handling, room services, videos and television, telephone calls, food or personal expenses such as masseurs in hotels, tips and other expenses.
- The Services may be available in limited quantities and are available for reimbursement or exchange only under the terms of the agreement.
- BROMELIA RIO has the right to limit the sales of Services to specific persons, geographic regions or jurisdictions and clarifies that the description of the Services, as well as the costs and marketing, may be changed or interrupted without prior notice.
- BROMELIA RIO may create promotional codes or benefits to the Services. The User agrees that promotional codes: (i) should be used legally for its purpose; (ii) shall not be duplicated or sold, unless expressly permitted by BROMELIA RIO; (iii) may be disabled by BROMELIA RIO at any time for legal reasons, without any liability of BROMELIA RIO; (iv) may only be used in accordance with specific conditions (v) are not valid as money and (vi) may expire before being used.
- BROMELIA RIO, as a general rule, limits itself to the advertisement and the contracts between the Users with the Third-Party Providers. BROMELIA RIO does not offer a guarantee of quality nor is responsible for any events occurred during the enjoyment of the Services.
- At the moment of contracting the Services, the User will decide the main details about the Services by Third-Party Providers with the regular scheduling of use, when applicable.
- After contracting the Services, Users shall comply with the information and instructions presented for each SERVICE, such as the details of boarding days and times, lodging, meals, regulations, and more, otherwise, they will be liable to reimbursement for the damages they themselves suffer or cause to Third-Party Providers or third parties.
- The User must refrain from disturbing or acting in any way that puts others at risk, either physically or morally, under penalty of being excluded from the contracted SERVICE, without any reduction or refund of the paid amount. Exclusions may be made by representatives of Third-Party Providers or by the competent authorities.
- All personal documentation for the enjoyment of the contracted Services, such as passport, consular visa and vaccination cards, must be provided and presented by the User at the time requested.
- Without the correct documents, the User might be prohibited from departing or entering their destination, releasing any liability of BROMELIA RIO or Third-Party Providers, who are fulfilling their obligations to advise Users about the possibility of extraordinary requirements, exempting themselves from blame if the Users fail by action or omission.
- On national or international air travel, there are luggage fees with varying values per company. It is the User’s responsibility to check the conditions provided on their travel ticket.
- The User must identify all bags or handbags with labels that contain their name, complete address and telephone number as a personal security measure.
- If the User is purchasing Services for himself or his family members, employees or third parties, that are not present when these Terms and Conditions are accepted, the User shall be personally responsible for observing the applicable norms and regulations presented here.
- BROMELIA RIO recommends Users to purchase travel insurance. The Users who, during their trip, need medical assistance or medicines, and do not have health insurance or medical care, must be responsible for any and every charge.
III. UNFORESEEABLE CIRCUMSTANCES
- In the case of some unforeseen circumstance, such as those not foreseen and not possible to be avoided by Third-Party Providers or events of ‘Force Majeure’ (natural phenomenon such as storms, typhoons, cyclones, floods or others) which can put the life and the security of the User in danger or damage, the Third-Party Providers and Services may be cancelled, either before or during. The corresponding values to the unused Services will be refunded to the User without penalty such as adding any corrections, interest, fines, or compensation in any way.
- In case of withdrawal of the User before or during the enjoyment of the Product or Services, there will be no refund made.
- When the execution of the Services depends on a minimum number of participants and this number is not reached, the User reserves the right to cancel the SERVICE, communicating to BROMELIA RIO immediately so that the corresponding reimbursement of amounts with deductions, if any.
V. DISCLAIMERS AND LIMITATION OF LIABILITY
- The User hereby declares that, under these Terms and Conditions, the civil and criminal liability that arose from the contract of transportation whether air, sea or land, is of the corresponding transport company.
- BROMELIA RIO or Third-Party Providers, by law, are not responsible for possible baggage loss or for the payment of excess baggage of the User.
- BROMELIA RIO is limited to contracting Third-Party Providers in good faith to provide Services to Users; however, it is the Users’ obligation to verify that the information of the Third-Party Providers meets their personal expectations. BROMELIA RIO is not responsible for any failure or mistakes during the Services performance.
- The Users must verify with the Third-Party Providers the existence of an insurance policy for the eventual reimbursement of physical and material damages, since, by law, the safety of passengers and their luggage is their responsibility.
- In the case of the User opting to purchase insurance policies to cover part or all of the duration of their travel, it is necessary to purchase them from specialized companies in the industry; however, without the brokerage of BROMELIA RIO.
- BROMELIA RIO or Third-Party Providers are not responsible for loss, robberies or theft of belongings that occur during the enjoyment of the contracted Services. In the event of such an incident, the responsibility for the related costs from the belongings will be entirely of the User.
- The amounts charged for the purchase of Services contracted are clearly established on the website.
- In order to use the Services, the User must go through the website and make payment with a credit card or any other means of payment available by BROMELIA RIO, according to the values contained on the website.
- In order to purchase a SERVICE, the User must provide the number, expiration date and security code of a valid credit card or the information necessary for payment through another medium made available by BROMELIA RIO.
- BROMELIA RIO will complete the purchase only after the approval by the administrator of the credit card or other payment method used by the User in the contract of these Services.
- User’s credit card data will not be stored in the BROMELIA RIO database or its payment method for future purchases or any other reason.
- When using the Services, the User is aware that he must take due care, knowing all the risks of its use without the adoption of the necessary precaution.
- The User is fully aware that the Services provided are in compliance with all legal requirements in force. It is the User’s entire responsibility for any and all damages and accidents arising from fraud or misconduct by the User regarding the use of the Services in an irregular or illegal manner or in disagreement with the rules established by these Terms and Conditions.
- These Terms and Conditions will be established by the agreement of the User.
- The immediate withdrawal of these Terms and Conditions will occur, when any of the following situations arise: (i) the breach by the User of any provision thereof; (ii) misuse of the Services; (iii) non-payment of any amount due by the User; (iv) satisfaction with the acquired Services; and (v) by legal or judicial determination.
- The non-requirement by any party of the fulfillment of any clause or condition established shall be considered mere tolerance, not implying in its novation nor in the abdication of the right to demand it in the future, without affecting the validity of this instrument and any of its conditions.
- These Terms and Conditions obligates the parties and their successors under any title.
- The courts of the City of Rio de Janeiro in the State of Rio de Janeiro, or another User’s preferred jurisdiction, shall be elected to resolve any doubts or controversies arising from these Terms and Conditions.
- The selection of the “I accept” button upon purchase represents and expresses the unrestricted acceptance of the Terms and Conditions described above.