Terms & Privacy policy

BRASILANEA TRANSPORTE E TURISMO LTDA, company based in Av. Pastor Martin Luther King Jr, 126 / 1000 / sala 1213, RJ, registered under CNPJ/MF number: 08.258.239/0001-78. Sole and exclusive ownership of domains that use the brand BRASILANEA as “http://www.brasilanea.com” and “http://www.brasilanea.com.br” and hereinafter only BRASILANEA, establishing this document called TERMS OF USE for USER(S) of BRASILANEA per the conditions stated below:

For the TERMS OF USE, any USER of BRASILANEA understands and agrees that by using the systems of BRASILANEA automatically adheres and agrees to abide by the conditions of these TERMS OF USE and any future modifications thereof.

Words spelled with capital letters shall herein have the meaning as is assigned to them in accordance with the definitions listed below:

• USER(S): Physical person(s) who access the site and utilize the services provided by
• SITE: collection of pages or services on the internet maintained and operated with CONTENT by a business or individual.
• SITE BRASILANEA: SITE registered with the “Núcleo de Informação e Coordenação do Ponto BR” (www.registro.br) under the domain com.br, with all resources and tools relating to this, as well as, other areas of the SITE and brand BRASILANEA registered under the name of entities responsible for the classification and registration of the domain.
• NO SHOW: failure to appear on the scheduled date and time for a reserved activity.
• COOKIE(S): a small text file stored in browsers. This file enables the identification and preferences of USERS settings according to established parameters.
• LINK(S): an electronic access, either through words or images, which allows connection to other pages or files within the same SITE or other SITES.
• SPAM: unsolicited emails sent to a USER or USERS without their explicit permission.

 

This document is intended to inform of the responsibilities, duties and obligations that all USER(S) must adhere to while using and accessing the BRASILANEA SITE and its related services, such as, software, add-ons, plug-ins, bars and accessories unless otherwise dictated by the TERMS OF USE.

USER(S) should read the terms carefully below prior to accessing, using or purchasing services through the BRASILANEA SITE. Access or use of this site implies full agreement with the TERMS OF USE.

The BRASILANEA SITE and its partners/vendors only provide services to the USER(S) by express agreement according to the TERMS OF USE, conditions, and notices contained herein, as well as the other documents incorporated by the same reference. Use of the BRASILANEA SITE dictates adherence to the full agreement to all such terms, conditions, and notices.

 

PURPOSE OF BRASILANEA

BRASILANEA constitutes itself as a portal for facilitating scheduling, booking, sale of tours, activities and tourist experiences providing the tools and the electronic platform, so that the USER(S) can purchase the services via e-commerce.

BRASILANEA provides a selected list of tours, activities and tourist experiences facilitating access to information about the activities, providing the means of booking and assisting to disseminate information regarding partners/vendors.

The BRASILANEA SITE is intended for personal use of the USER(S) in performing these activities and cannot be used for any other purpose.

 

REPRESENTATIONS AND OBLIGATIONS OF THE USER

In using and accessing BRASILANEA, the USER(S) declares himself and/or herself of age in accordance with their respective local laws and statutes.

USER(S) agree to use the site BRASILANEA only for commercial purposes for which it is intended and cannot use it in order to attack, restrict or reduce usage by way of another USER (S), always abiding by the Terms of Use

USER(S) attests, for all purposes, that: (i) has never been suspended or banned (ii) is not a direct or indirect competitor of BRASILANEA (iii) does not have more than one user account registered with the site.

USER(S) may not copy, reproduce, publish, or make available for download, transmit, distribute or utilize the knowledge of the general public contained and made available on the site, produced or owned by BRASILANEA (including but not limited to text, pictures, information and pricing).

 

USER ACCOUNTS

To use the service, the USER(S) must fill out a registration form with their personal information (which is confirmed by sending an e-mail to the registered address) and create a username and password to login.

The responsibility for the content and accuracy of registration information is placed upon the USER(S) which shall keep any records updated and correct.

The USER(S) shall be responsible for maintaining the security and confidentiality of the password and login. The USER(S) will be held responsible for any use of their account and shall immediately notify the BRASILANEA in the event of misuse or unauthorized access.

The use of third party data and/or creating fake profiles user is strictly forbidden. The same USER (S) cannot have more than one account registered in their name or linked to their personal data.

 

MAKING PURCHASES

After creating a user account, the USER(S) maintains their account and access to the site through their login. Any transaction or service between the USER(S) and BRASILANEA shall only be performed in an electronic environment established after the successful login of the USER(S).

The USER(S) selects an activity that interests them and requests to make a reservation, which will be held in accordance with the availability of partner / supplier. To perform pre-booking, the USER(S) provides their credit card information and any specific information requested for the selected activity.

For payments, BRASILANEA only accepts the following credit cards: VISA, MASTERCARD, DINERS, DISCOVER, ELO.

BRASILANEA shall validate the credit with the financial institution chosen by USER(S) and simultaneously check within five working days the availability of the pre-booked activity. Upon confirmation with the financial institution and the supplier, the credit card will be charged 20% (twenty percent) of the activity as a holding deposit.

The charge of 20% for the holding deposit is not a guarantee of reservation. The reservation will be subject to verification of availability. If the activity is not available for the selected location or date, no charge of any amount will be placed on the USER(S) credit card.

Upon verification of the availability of the selected date, the USER(S) will receive an email confirmation for the reservation, detailing the charge(s) on his credit card. That same e-mail shall contain the voucher for the activity, as well as the information and details from the partner/ vendor.

The remaining 80% (eighty percent) of the total price for the activity shall be settled by the USER(S), upon completion of the activity, directly with the partner/supplier and the payment terms expressed in the offer and/or voucher.

In the event BRASILANEA verifies that the requested activity is not available for the date desired by the USER(S), there is the option for a full refund of charges for holding deposits or the option of use for the amount credited to the account for another activity suggested by the BRASILANEA.

After the activity has been performed, the USER(S) is able to return to the SITE to give a review on the quality of service, recommend the activity to others or provide feedback regarding the experience. BRASILANEA considers the opinion of its USER (S) and encourages the completion of reviews and opinions regarding the quality of service provided by it and its vendor partners.

It is not the responsibility of BRASILANEA to resolve any problems arising from difficulties regarding payments and/or remaining balances to partners/supplier.

 

USAGE OF VOUCHER

To use the voucher, the USER(S) will attend the activity on the date chosen. To complete payment,  it will be necessary to provide valid photo ID and the credit card used for the purchase.

You must present the printed voucher to the vendor and make the final payment of 80% (eighty percent) of the total purchase price of the activity as dictated on the Brasilanea site.

The vouchers issued by BRASILANEA are for personal use, non-transferable, and for use only on predetermined dates.

The partners/vendors/tour guides associated with BRASILANEA will verify the validity of the voucher presented. If there is any inconsistency with the acquired activity, they may refuse service to the USER(S).

 

OFFERS

Under the Code of Consumer Protection, any activities offered are abide by the terms of BRASILANEA, the observance thereof, under the specified terms, but always subject to the availability of the vendor.

Information about prices, suppliers and availability of activities that appear on the BRASILANEA site will always be consistent with the voucher at the time of purchase.

The currency converter available on the website only serves as an aid, presenting an estimated purchase price. The amount charged to the credit card will always be made in Brazilian Reals (R$) and the conversion will be subject to currency exchange fluctuations until the closing day as noted on the invoice.

Pricing on the site is typically for individual tours and activities, unless otherwise noted on any offers featured on the SITE.

BRASILANEA will NOT be held responsible and/or liable for any taxes, duties, and/or fees relating to and/or for immigration and/or international relations that need to be made for the participation of the requested/purchased activity by the participating USER(S).

Advertisements and/or promotions conducted via other means (email, print, etc.) shall be binding only when they are equivalent to offers made on the BRASILANEA site.

 

Offers may be subject to specified time periods or any promotions that bind its terms to the duration of the promotional period or are subject to availability.

 

COMMENTING ON ACTIVITIES

 

Any USER(S) requiring special needs of any kind are to inform BRASILANEA and/or its partners/vendors of any special considerations in advance as it pertains to performing the activity, as well as to verify the ability and/or availability to accommodate them. Depending on the particular needs of the USER(S), there may be a way in which to facilitate performing the activity.

 

For certain activities, you may be required to produce documents as proof that you meet the criteria for any physical, medical and/or qualifications needed to perform the requested activity. The responsibility for the accuracy of such information is placed entirely on the USER(S).

 

For activities or events that occur on a specific date (e.g. – theater, concerts, sporting events, etc.) it is not possible to postpone, alter, and/or replace dates or other people. In such cases, the purchase is final and non-refundable, and will not be the responsibility or liability of BRASILANEA. The ticket or ticket prices will not be refunded

 

There may be a minimum number of participants required to perform certain activities. In this case, rather than confirming the reservation for the activity upon purchase, the USER(S) will receive an email confirmation informing them when the activity reaches the necessary number of participants as well confirming the reservation. The deadline for confirming the required number of participants of the activity will vary depending on the vendor and will appear on the offer, as well as the minimum number of participants required.

 

CANCELLATION POLICY, “NO SHOW” AND CREDITS

 

USER(S) will have the ability to cancel a reserved activity within 15 (fifteen) days before the date of the activity to receive a full refund or credit. The USER(S) will also receive a full refund of the deposit charged by BRASILANEA.

 

During this period, the user will also be able to make any changes of date and time of the activity via BRASILANEA, as well as being able to apply credit to another activity available on the site, subject to availability of the partner/vendor.

 

When a reservation is placed less than fifteen (15) days prior to the date of the scheduled activity, any refunds will be subject to the cancellation policy as dictated by the offer.

 

When applied as a credit the value of the deposit can be used for any purchase through BRASILANEA as payment towards any future reservation, and will be applied to the holding deposit charge (20%), always in Brazilian Reals (R$).

 

The cancellation policy of the partner/vendor will be stated in the offer and the voucher received upon confirmation. Depending on any costs incurred by the partner/vendor as applicable to the preparation of your activity, and prior to the cancellation stated, the USER(S) may be charged proportional to any incurred costs.

 

USER(S) agrees to allow BRASILANEA the right to charge the provided credit card for any cancellation fees incurred, as defined by the cancellation policy of the partners/vendors.

 

A “NO SHOW” will occur when the USER(S), without any prior notification, or reasonable justification that can be provided for failure to attend or advice of the inability to attend a confirmed scheduled activity. In this event the USER will be charged the remaining 80% of the purchase price directly to their credit card.

 

When a “NO SHOW” is reported by a partner/vendor, BRASILANEA will contact the USER(S) to investigate the claim. A 48 hour grace period will be given for the USER to explain the circumstances.

 

Upon confirmation that the USER(S) did not attend the activity (NO SHOW), the USER(S) will be charged for the remaining 80% (eighty percent) of the purchase price (the amount due to the partner/vendor)

 

In the event of a “NO SHOW”, any previous amount paid will be ineligible to be applied towards a credit.

 

The USER (S) agrees to and grants permission to BRASILANEA to charge the remaining amount to the USER(S) credit card. The remaining amount charged will be paid directly to the partner/vendor. Any charges performed in this manner will only be performed by BRASILANEA and not the partner/vendor.

 

VENDOR CANCELLATION – NATURAL FORCES OR OTHERWISE

 

When an activity cannot be performed due to factors beyond control, they will be considered as elements not subject to reasonable human control that may prevent the activity from occurring. (e.g. – weather issues, essential equipment malfunction, etc.), USER(S) will be able to choose between a refund of the service fee, rescheduling of activity, or receiving credit for use on site to book a new reservation.

 

In the event BRASILANEA receives news of the vendor not being able to carry out the activity or the need to cancel or change times due to external factors or of any other act of nature, we will make every effort possible to notify the USER(S) with as much advance notice as possible to allow the rescheduling, replacement or cancellation of the activity.

BRASILANEA LIABILITY AND RESPONSIBILITY

 

The BRASILANEA assumes no liability or responsibility arising out of the relationship between the USER(S) and partners/vendors while performing activities.

 

The BRASILANEA is solely a facilitator in booking reservations and presenting activities and shall not, in any way, be held responsible for the occurrence of any physical and/or mental damage to the USER(S) while performing the activity(s).

 

Despite BRASILANEA’s effort to choose partners/vendors, in the event that facts or discrepancies exist between the service provided and the service offered, the responsibility will be held entirely upon the partners/vendors.

 

USER(S) will be held solely responsible for any damage resulting directly or indirectly from their conduct during the performance of activities. In no way shall BRASILANEA be held liable for direct, indirect, special, incidental information obtained as a result of use of the BRASILANEA SITE.

 

BRASILANEA or any of its partners shall not be held liable for: loss of data, loss of profits, loss of opportunity, loss of third party information, or any direct or indirect results arising from the use of its site or during the performance of any trading activities through its site.

 

BRASILANEA shall not be held liable for any events arising from unforeseeable circumstances or natural forces which may prevent, alter, and/or affect in any way the performance of activities performed.

 

USER PROVIDED CONTENT

 

USER(S) who has performed an activity will be invited to post comments regarding their experience on the BRASILANEA site.

 

Any comments and/or opinions made by a USER(S) may be used and disclosed in other media and distribution channels.

 

USER(S) may not use any material other than their own post comments or blogs on the website and must comply with all conditions of TERMS OF USE.

 

USER(S) shall not post false or misleading reviews in an attempt to deliberately and adversely affect a partner/vendor’s reputation and/or business.

 

The site will be moderated for vulgar language and accuracy of content posted, with the ability to remove offensive or inaccurate material directed towards our partners/vendors.

 

BRASILANEA SITE makes a best effort to moderate our content for accuracy. However, BRASILANEA will not be held responsible for the accuracy, source, content, damage or loss as a result of claims made against BRASILANEA or by partners/vendors or third parties.

 

BRASILANEA advises that USER(S) be cautious and prudent in posting their opinions, as they will be held liable for any content posted.

 

BRASILANEA reserves the right to remove any comment it deems to be in violation of these TERMS OF USE. In this event, an email will be sent to the USER(S) explaining the circumstances for removal.

 

INTELLECTUAL PROPERTY

 

All materials on the BRASILANEA SITE, including, but not limited to presentation, “layout”, trademarks, logos, systems, products, service names, and/or any other materials, including databases, programs, files, images, texts, videos or materials of any kind that have been contractually obtained and authorized for placement on the BRASILANEA SITE are protected by Intellectual Property laws. Use without permission is strictly prohibited.

 

USE OF COOKIES AND SPAM POLICY

 

USER(S) accepting the TERMS OF USE consent to be identified by the BRASILANEA SITE, by way of cookies and/or other technologies. This policy aims to continually improve our services provided on the BRASILANEA SITE

 

BRASILANEA maintains the highest integrity in the prevention unsolicited e-mails. Therefore, it strictly prohibited to use the BRASILANEA SITE in any way distribute spam or unsolicited messages of any kind via email.

 

It is of the sole discretion of BRASILANEA to suspend and/or permanently disable a USER(S) account and pursue appropriate legal action against any USER(S) who use the BRASILANEA SITE in a manner or fashion that violate these TERMS OF USE.

 

USER(S) must register a valid e-mail address, which will be confirmed, to prevent the use of fake emails or bots.

 

Failure to comply with the conditions, terms and notices of the TERMS OF USE gives  BRASILANEA the right to cancel, suspend, delete and/or disable any USER(S) account, temporarily or permanently, at its sole discretion, subject to the circumstances, without the need to notify the USER(S) in advance that action will be taken.

 

USE OF THE SITE

 

USER(S) shall not use any type of malware, bots or automated process to access the SITE, nor execute any program, worm, trojan, computer virus and/or cracks in an unauthorized manner with the intent to access the site, user accounts, and/or third-party information.

 

Any kind of attack(s) on servers operated by BRASILANEA shall not be tolerated as well as any unauthorized attempts to access any databases, user accounts, operating systems with the intent to damage the integrity of the SITE.

 

The customer base, information on products and vendors, advertising, promotions, information, and/or content used on the blog and/or the website are the intellectual property and confidential information of BRASILANEA. Unauthorized use of the site may result in the pursuance legal action (criminal and civil) for any abuse to BRASILANEA and for costs incurred resulting from damage, and/or lost profits.

 

The use of any method with the intent to damage the operation of the site or, in any way, access confidential information on any servers operated by BRASILANEA will be treated as a crime and will result in the pursuance of any necessary legal action against the individuals held responsible.

 

Under no circumstance will any USER(S) use the site for:

• making racist comments or remarks or post anything that promotes discrimination of any kind in any way;
• posting political topics not relevant to the site;
• offensive material or libel against BRASILANEA or its partners/vendors;
• copyright or intellectual property infringement;
• vulgar images, videos, texts pornographic or suggestive in nature;

 

BRASILANEA strives to maintain the highest standards for the security of information and user records. However, BRASILANEA will not be held liable for any malicious actions of third parties that may try to carry out attacks against site and/or its servers. Any information loss due to a security breach will be considered, for intents and purposes, exclusive fault of those held responsible for the attack.

 

BRASILANEA does not store credit card data on their servers, page or site. Information is encrypted and securely transmitted, ensuring the security of transactions conducted via the SITE.

 

USER(S) shall indemnify BRASILANEA, its affiliates, employees, officers, directors and employees responsible for any action that occurs as a result of USER(S) or third parties conducting illegal activities on the BRASILANEA site due to noncompliance of the TERMS OF USE and/or other BRASILANEA policies, or violation of any law or rights of others, and will be responsible for any damages, settlements, or attorney’s fees.

 

THIRD PARTY ADVERTISING

 

The Site may contain advertisements of third parties that have links to external sites. Third party advertisers will be held liable for all content contained on any linked external website.

 

Third party advertisers are required to consent and abide by the contractual conditions signed with BRASILANEA.

 

BRASILANEA has no ties to third party advertisers and shall not be held liable in any way for the content, or any action as a result of the USER(S) accessing these links, the use of cookies by third parties, or the establishment of commercial relationship between the USER(S) and any third party.

 

CUSTOMER SERVICE

 

To accommodate any questions, comments or concerns BRASILANEA offers customer service through its online chat service (available during business hours) and by e-mail: atendimento@brasilanea.com.

 

GENERAL CONDITIONS AND TERMS

 

BRASILANEA, its affiliates and its suppliers may make any changes to its services, policies, materials, or offers at any time without prior notification to the USER(S).

 

BRASILANEA may change, modify and/or adjust the TERMS OF USE at any time, and such changes, modifications and/or adjustments will take effect only after they have become public. Thus, the USER(S) agrees to review the TERMS OF USE at anytime and at their own discretion. USER(S) agrees to the TERMS OF USE at the time any access or use of services are provided by BRASILANEA.

 

Any notices or communications from either party regarding rights or obligations contained herein, shall consent by electronic form and will be sent to the registered e-mail address to be kept as record of any transaction between parties.

 

It shall be the sole responsibility of the elected forum of the district of Rio de Janeiro, State of Rio de Janeiro, as the governing body to resolve any disputes arising from this TERMS OF USE.

 

This agreement was written in Portuguese (BR). To the extent any translated version of this agreement conflicts with the Portuguese version, the Portuguese version controls.