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REGISTRATION FORM: IBIZA

PROVISION OF SERVICE CONTRACT

By this private instrument of sale and provision of services, on the one hand, B.MAX TURISMO LTDA ., trade name B.MAX, a legal entity governed by private law, registered with the CNPJ under No. 19.447.617/0001-88, headquartered at Avenida Paulista, 171 – 4º andar, Bela Vista, São Paulo/SP, CEP: 01311-000, herein represented by its administrator in accordance with its articles of association, hereinafter simply referred to as CONTRACTOR , and on the other hand, the CONTRACTING PARTY , individualized and identified in the "Registration Form" attached to this instrument of which it is a part, has agreed to the present under the following clauses and conditions:

1. OBJECT

1.1. The purpose of this instrument is the provision of services by the CONTRACTOR consisting of the operation and/or intermediation of a tourist package in accordance with the products and services described in the Purchase Statement, an integral part of this contract.

 

2. CONTRACTOR'S RESPONSIBILITY

2.1. It is the CONTRACTOR 's responsibility to inform the CONTRACTING PARTY of the necessary documents, as well as the procedures to be adopted, to carry out the trip.

2.2. The CONTRACTOR reserves the right, at any time and without prior notice, to modify the planned itinerary, dates and times, hotel, tours, as well as, anticipating or postponing boarding, in order to provide a better service for the contracted trip. , or when, due to unforeseeable circumstances or force majeure, it is not possible to carry out scheduled activity(ies), committing to seek other programming options, with no refund of equivalent amounts.

2.3. The CONTRACTOR undertakes to comply in the best way with the terms and conditions of this contract, exempting itself, however, from any liability for losses and damages caused by circumstances that prevent the total or partial fulfillment of this contract resulting from strike, delay, cancellation of the journey air or road, quarantine, pandemic, natural phenomenon, as well as any event that characterizes “acts of God or force majeure”.

2.4. The CONTRACTED PARTY undertakes to inform the CONTRACTING PARTY of the date and time of its departure from 30 (thirty) days in advance, in case the CONTRACTOR E has purchased a package with airfare included.

 

3. CONTRACTING PARTY'S RESPONSIBILITY

3.1. The CONTRACTING PARTY is responsible for the personal identity documents, vaccines, and any other documents that may be necessary for carrying out the trip, observing the requirements of the competent authorities and the airlines responsible for air transport, in accordance with current legislation. in Brazil and the country of destination. The non-boarding of the CONTRACTOR caused by the lack of the necessary documentation, will characterize the cancellation of the trip under the terms of clause 5.3. of this contract.

3.2. For the smooth running of the trip, the CONTRACTING PARTY must respect the safety rules, operating rules of service providers, guidance from the accompanying guide, as well as schedules for the activities included in the contract package.

3.3. The passenger is solely responsible for any and all acts, incidents, inconveniences, violations of the law or customs of the country visited, including the possession or consumption of alcoholic beverages, narcotics, damage to persons, objects or property, committed by the CONTRACTING PARTY during the period of travel.

3.4. The CONTRACTED PARTY reserves the right to make the passenger who, for any reason (conduct, behavior, etc.) abandon the tour, constitute or will constitute a nuisance or danger to the other members of the trip, which may jeopardize the success and normal development of the trip program.

3.5. If the CONTRACTING PARTY wants to abandon the trip, as well as, if the CONTRACTED PARTY deems it necessary for the CONTRACTOR to be terminated for incurring clauses 3.2, 3.3 and/or 3.4, the CONTRACTOR, from then on, will not be able to participate in the activities of the trip and the expenses arising from his return will be paid by him.

3.6. If the CONTRACTING PARTY , under any circumstances, considers that their objects, personal items or luggage have been lost or damaged, they must complain immediately and directly at the places where the fact occurs, such as tours, hotels, airports and others that constitute the schedule of the travel. If the possession of such objects, personal items and luggage are under the direct responsibility of the CONTRACTING PARTY or third parties, the CONTRACTED PARTY will be exempt from any liability.

 

4. PRICES AND PAYMENT CONDITIONS

4.1. The CONTRACTING PARTY shall choose its payment plan at the time of signing this instrument, among the options offered by the CONTRACTED PARTY , and is directly and personally liable for the payment of the amounts indicated, either in cash or in installments. For the provision of the services that are the object of this contract, the CONTRACTING PARTY will pay the CONTRACTED PARTY the total amount as described in the travel program, an integral part of this contract.

4.2. In the event that the CONTRACTING PARTY wishes to change the form of payment originally adopted, all costs, fees and any other charges arising from the change of the payment method will be its responsibility and must be paid as a condition of the change.

4.3. All installments must be paid on their respective due dates. In the event of payment in installments, the later installment does not presuppose payment of the previous one. Any default on any installments, regardless of the payment method chosen (cheque, bank slip or credit card), will result in the collection of a fine equivalent to 02% (two percent) on the amount of the defaulted installment, in addition to default interest on the amount of 01% (one percent) per month. The same penalty will be applied in the event of late payment in cash.

4.4. The delay in the discharge of 02 (two) installments, consecutive or not, as well as 01 (one) installment for more than 60 (sixty) days, authorizes the CONTRACTOR to terminate this agreement, with the penalties detailed in clause 5 being applied The reactivation is subject to the availability of space and the updated value of the travel program.

4.5. The total payment of this travel package must be made within the period stipulated by the CONTRACTED PARTY , before the date of departure. If the CONTRACTING PARTY has outstanding amounts, the CONTRACTING PARTY will not be allowed to board, and the penalties detailed in clause 5 will be applied.

4.6. If the payment of the entirety of the installments is scheduled for after the date of travel, boarding will not be allowed if the CONTRACTING PARTY is in default with any installment due, and the penalties detailed in clause 5 will be applied.

4.7. If there are amounts expressed in foreign currency, the amount to be paid will be converted to the exchange rate on the day of payment.

4.8. This contract does not include in the price telephone calls, laundry service, municipal, state or federal fees, ticket issuance fee, boarding fee, fine for exceeding the weight or size limit of baggage, as well as other costs, fines or fees that may be charged to the passenger as a result of default and/or change of payment method, as well as any service value not specified in the travel program and that may be used by the CONTRACTING PARTY .

4.9. The parties recognize this contract as an extrajudicial enforceable title, pursuant to article 784, item III, of the Code of Civil Procedure.

5. TERMINATION OF THE CONTRACT

5.1. Any termination must be communicated by the CONTRACTING PARTY only in writing to the CONTRACTED PARTY , which in turn will return amounts upon prior deduction of costs according to the following scale:

a) up to 60 (sixty) days before departure: 20% deduction from the total value of the contracted travel package;

b) up to 30 (thirty) days before departure: 50% deduction from the total value of the contracted travel package;

c) from the 29th (twenty-ninth) day prior to the date of travel, cancellation costs will be deducted 100% (one hundred percent) from the total value of the contracted travel package;

d) once the travel service has started, the CONTRACTING PARTY will not be entitled to any refund of values for the service that he eventually renounces.

5.2. In the event of reimbursement of amounts resulting from the termination of this contract, the return will be made within a period of up to 45 (forty-five) days, counted from the date of receipt, by the CONTRACTOR , of the formalization through the respective letter with the deduction of costs, which must be signed by the CONTRACTING PARTY and sent back by email or other means of communication offered by the CONTRACTOR for this purpose, always respecting the deadlines set out in clause 5.1 above.

5.3. In case the passenger (a) CONTRACTING PARTY does not appear for boarding (at the show), or unilaterally modifies the contracted conditions, he/she will have to bear all the expenses incurred, assuming all responsibility for his/her actions, leaving the CONTRACTOR and providers of services included in the package, exempt from granting any refunds or compensation for unused or replaced services.

 

6. SPECIFIC CONDITIONS FOR ROAD/AIR TRANSPORT

6.1. It is up to the CONTRACTING PARTY to respect the baggage limits (deductible) stipulated by the company of its road and/or air transport, not being responsible, in turn, to the CONTRACTED PARTY , for any fees charged due to exceeding the weight or size limit of your luggage.

6.2. Failure to boarding will characterize cancellation, and the penalties provided for in clause 5 will be applied.

 

7. TERM

7.1. This contractual instrument will be in force for a determined period, being terminated with the end of the trip and/or total settlement of the installments of the CONTRACTING PARTY 's payment plan in favor of the CONTRACTED PARTY .

 

8. IMAGE RIGHTS

8.1. The CONTRACTING PARTY expressly assigns to the CONTRACTED PARTY , the right to use related image and voice sound through photography, filming and audio. This assignment is free, irrevocable, irreversible and valid for an indefinite period, extending throughout the national and international territory, without limitation as to the number of reproductions and/or forms of distribution of material produced for the dissemination of its products and services. in any communication vehicle, whether spoken, written, television or electronic media, etc., which may be done at any time and without any other prior authorization.

 

9. PRIVACY POLICY - LGPD

9.1. The CONTRACTOR informs that all personal data requested and collected are strictly necessary to guarantee the faithful delivery of the products and execution of the services contained in this contract.

9.2. The basis, as well as the use of the data, will be carried out by the CONTRACTOR , under the terms of Law No. 13.709/2018 (General Data Protection Law). Data may be shared for specific purposes related to health, for contracted medical staff, registration in Hotels and transport, insertion of all passenger data in electronic wristbands, as well as information for sending gifts, text messages, email marketing , advertisements, WhatsApp or through any other electronic means used for this purpose. The personal data processed may vary depending on the service or package of services contracted by the CONTRACTING PARTY and the specifics and preferences that may be reported or requested.

9.3. The CONTRACTING PARTY declares its free, informed and unequivocal expression by which it agrees with the processing of the personal data provided for the specific purpose, in accordance with Law No. 13,709 - General Law for the Protection of Personal Data (LGPD).

9.4. This Data Protection Policy, in addition to being fully explained to the CONTRACTING PARTY before signing this contract, is also available on the CONTRACTED PARTY 's website ( www.bmaxturismo.com ) for everyone's availability.   

 

10. JURISDICTION

10.1. The parties elect the jurisdiction of the District of São Paulo - SP to resolve any doubts or disputes that may arise in relation to this contract, to the exclusion of any other jurisdiction, however privileged it may be, the losing party bearing the attorney's fees of the winning party, in the proportion of 20% (twenty percent) of the amount to which it will be sentenced.

APPLICATION FORM

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