General Terms and Conditions of Argentina Excepción
SECTION 1 – PROTECTIVE SCOPE
SECTION 2 – COLLECTION OF THE TRAVEL DOCUMENTS
SECTION 3 – AIR TRAVEL TERMS
SECTION 4 – ADMINISTRATIVE AND HEALTH PROCEDURES
SECTION 5 – INSURANCES
SECTION 6 – CLAIMS AND INFORMATION REQUESTS
SECTION 7 – LIABILITY OF ARGENTINA EXCEPCION
7.1. Use of the www.argentina-excepcion.com Website
7.2. Sales supply and sale of the Products
SECTION 8 – INTELLECTUAL PROPERTY
SECTION 9 – PROTECTION OF PERSONAL DATA
SECTION 10 – APPLICABLE LAW – COURTS HAVING JURISDICTION
SECTION 11 – DIVERSE PROVISIONS
Transcription of Sections 20 to 25 of Decree 2182/72 – Law 18829
The company Argentina Excepción (hereinafter referred to as “Argentina Excepción”) is a Public Limited Company which’s social capital ascends to 12,000 Argentine Pesos, with head office at Costa Rica 5546 – 6° Floor, Apartment “606” – (C1414BAA) Buenos Aires – Argentina, inscribed in the General Justice Inspection of the Autonomous City of Buenos Aires under Num. 30-70987795-6 (CUIT).
Travel and Tourism Agency License Num. 13148 issued by the National Secretary of Tourism, under the name “Travel Excepción“, in compliance with Law 18829 and in agreement with Sections 4 and 5 and Decree 2182/72.
The company counts with authorized capable technical personnel, File 7101, in compliance with Section 3 of Law 18829 and in agreement with Section 9 of Decree 2182/72 modified by Section 1 of Resolution 751/94.
Its financial collateral ascends to the sum of $47,730.00 and was issued by ALBACAUCION (located on 875 Belgrano Avenue, Ground Floor, Buenos Aires, zip code 1092) by virtue of the provisions of Section 6 of Law 18829, modified by Law 22545 and in compliance with Decree 2182/72.
The company counts with a Civil Liability Insurance for an amount equivalent to $220,000, policy num. 202518, issued by the Federacion Patronal de Seguros S.A. www.fedpat.com.ar Police N°202518.
The company has been certified by the relevant Municipal Authorization, Num. 82668/2006 – Capital Federal – Provincia de Buenos Aires
Argentina Excepcion is member of the Camara Argentina de Turismo (CAT), Argentine Chamber of Tourism.
Argentina Excepcion is member of the French-Argentine Chamber of Commerce and Industry (CCIFA) www.ccifa.com.ar
Argentina Excepcion is a registered trademark unto the National Institute of Industrial Property (INPI – Paris) www.inpi.fr
Argentina Excepcion is a registered trademark unto the National Institute of Industrial Property (INPI – Buenos Aires)www.inpi.gov.ar (Reg. number 2.825.494).
Argentina Excepcion offers on its Website www.argentina-excepcion.com (hereinafter, the “Website”), inbound travel services in Argentina and Chile, particularly tourist packages, accommodations and transportation products, customized activities and travel insurances.
The present general terms and conditions (hereinafter, “the General Terms“) will regulate the supply, the sale and the provision of the products offered by Argentina Excepcion (hereinafter, “the Products“).
The supply of the products is reserved exclusively to persons who
• are legal adults,
• are legally capable (not subject to guardianship or curatorship regimes, status with sufficient legal entity to affect its capacity to request the Products) and
• have taken previous knowledge of the totality of the General Terms, which must be accepted without making reservations of any kind.
The person who effectively validates a Product(s) request for his personal use or for third parties (such as parents, spouses, dependants, among others) will be designated hereinafter, even in cases where more than one person is involved, as “the Buyer“. The request of a reservation implies the Buyer must unconditionally accept the totality of the General Terms and conditions (on his behalf or on the account and behalf of the persons for which he eventually formulated the request).
This acceptance will be expressly manifested once the Buyer marks with a cross the checkbox stating “I have taken knowledge of general terms and conditions, thus proceeding to accept them” and sends the correspondent registration form duly signed by him (see Section 4.2 of the Special conditions of sale).
Likewise, to the supply and provision of the Products will be applicable, priming over the General Terms, the Special conditions of the partners of Argentina Excepcion (International Flights and Vehicle Rental), and the Special conditions formulated by Argentina Excepcion in function of the nature of the Product(s) object of the request (hereinafter, the “Special conditions”). The Buyer will acknowledge the acceptance of the Special conditions effectively validating the request via the registration form, which must include his signature (see Section 4.2 of the Special conditions of sale).
The General Terms will be subject to the modifications which may be carried out at any given moment. Notwithstanding this and without prejudice to the provisions expressed in Section 5, these modifications will not have validity if they are carried out after the registration form described in Section 4.2 of each “Special conditions” paragraph is sent.
eferences: Law 18829 – Section 13 of Decree 2182/72 and International Convention relative to the travel agreement (Law 19918).
In compliance with the instructions previously communicated to Argentina Excepcion, the travel documents may be:
• collected at Argentina Excepcion’s main office, located at Costa Rica 5546 – 6° Floor, Apartment “606” – (C1414BAA) Buenos Aires – Argentina or sent to the delivery domicile stated by the Buyer at the moment of carrying out the request, in compliance with the provisions expressed for each Product type offered on the Website before proceeding with the reservations or in the Special conditions. In this second option, the Buyer must assume the delivery costs.
• delivered to the Buyer upon arrival in Argentina or Chile, by the Chauffeur-guide or our Operations Representative.
If the delivery of the tickets or the travel checkbooks/bouchersse would not be made possible due to an error on account of the Buyer and/or due to the omission of necessary information in the communication of his domicile, Argentina Excepcion will be exempted from all responsibility.
SECTION 3 – AIR TRAVEL TERMS
The terms relative to air travel will respond to the Special conditions formulated by the airlines involved.
The Buyer assumes full responsibility for the observance of the regulations imposed by the airline.
Particular note is made on the following facts:
• The Buyer must present himself at the airline’s check-in counter at least three hours in advance of the established flight departure time if this is international, and two hours and a half in advance if it is a domestic flight.
• The Buyer must confirm his return flight in situ before the airline, seventy-two (72) hours prior to the established date, at the latest. The Buyer thus assumes full responsibility for the confirmation of his return flight.
• On occasions, airlines refuse to board pregnant women when they estimate that according to the moment of the gestation period there exists a risk of premature delivery during the flight.
• Children under two (2) years of age will not have a booked seat on the airplane unless the parents decide to purchase a seat especially for them (children who reach two years of age before the return flight must depart with a round trip ticket purchased at children’s rate).
• Children under fifteen (15) years of age may travel only accompanied by an adult. Children of fifteen (15) years of age or more must imperatively travel with the relevant identity documents issued under their name.
The Buyer assumes full responsibility for observing all the aforementioned norms, specially accepting those relative to the time limits for the presentation at the airline check-in counter for checking in and confirming the return flight. In matters of transportation and tourism packages, the delay in preceding transfers via air, train or land which lead to the lack of presentation at the airline check-in counter will not exonerate the Buyer from the responsibility regarding the financial terms of cancellation established in Article 6.3 of the Special conditions.
Some of the administrative and/or health procedures required for the concretion of the trip are available on the Website www.argentina-excepcion.com. This information is directed to European and North American travelers. Argentina Excepcion offers them for information only.
If applies, before departure, it is the duty of the Buyer to assure himself of having fulfilled the procedures related specifically to underage children.
It is also duty of the Buyer to inform himself of the specifically applicable procedures of the destination country/countries, before the consulates and embassies of these countries, and of the administrative and health procedures to be followed, accepted, and given the case, assumption of the costs: police, customs and sanitary procedures required to complete the trip, such as possessing a passport, national ID, visa, a parental permit, a medical certificate, a vaccination attestation, etc.
When this condition is requested by the country in question, the Buyer must corroborate the validity of his passport exceeds the return date in six (6) months.
The clients declare having taking knowledge of the warnings which appear on the site of their correspondent Foreign and Commonwealth Office and commit to consulting it once more before departure.
In case of loss or theft of the ticket, the Buyer must carry out a specific complaint before police authority and the correspondent carrier and acquire another ticket from the carrier, leaving the possibility of a refund subject to the carrier’s criteria, by virtue of the Special conditions agreed on.
The Buyer will be exclusively responsible for the consequences of the non observance of the administrative and health procedures, such as the impossibility of boarding the departure flight on the established date, the loss or theft of the relevant documentation requested by the administrative, customs or sanitary procedures or the loss or theft of the air tickets, not having the right to initiate claim whatsoever before Argentina Excepcion nor pretend to compromise the responsibility of the company in the future.
References: Law 18829 – Section 2b of Decree 2182/72
The prices stated on the Website do not include insurances. Consequentially it is recommended for the Buyer to hire not only insurance for the prejudicial consequences of potential cancellation risks but also a medical insurance for coverage of certain risks such as repatriation expenses due to accident or illness.
To these effects, it is recommended for the Buyer to hire an adequate insurance policy, through TMS Assurance/Contact Assistance, located at 110 avenue de la République 75545 Paris cedex 11, France, in compliance with the information available on the Website or with that proportioned to the Buyer by Argentina Excepcion at the time of the reservation. The solicitation of the hiring of the insurance by the Buyer must be produced on the date of the Reservation Confirmation at the latest.
The risks covered by these policies as well as their costs and the amounts guaranteed are published on the Website for information purposes only. The aforementioned information may not consequentially motivate claim whatsoever against Argentina Excepcion. In case of hiring the insurance policy, the Buyer will receive the correspondent policy and the complaints in the case of a contingency must be made within the terms stipulated by the insurance agreement, directly before the insurance company.
The aforementioned insurances will not be subject to refund in case of cancellation imputable to the Buyer.
Persons with residence outside the European Union (Switzerland, Liechtenstein and Norway) are currently only eligible for the Cancellation insurance.
SECTION 6 – CLAIMS AND INFORMATION REQUESTS
References: Law 18829 – Section 12 of Decree 2182/72
All information requests, regarding to details and eventual claims must be directed to Argentina Excepcion within a maximum period of 30 days after the finalization of the trip either:
• by means of a certified letter with acknowledgement of receipt to the following address: Argentina Excepcion – Costa Rica 5546 – 6° Floor, Apartment “606” – (C1414BAA) Buenos Aires – Argentina.
• or via e-mail to the following address: info @ argentina – excepcion . com
Once expired the 30 day period, claims will not be taken into consideration.
The only claims taken into consideration will be those in which the correspondent difficulties are expressed to Argentina Excepcion during the trip or to the carrier if the conflict arises during the outward journey or the return trip, to the effects of attempting to arrive at a solution which may reduce the damage suffered by the Buyer.
The company will not admit claims referring to the loss, damage or theft of luggage, clothes or personal belongings which’s custody corresponded to the Buyer during the length of the stay. The luggage registered before the airline will only be insured during the flight time, assent with the compensation policy of the airline.
7.1. Use of the www.argentina-excepcion.com Websiteargentina-excepcion.com
Argentina Excepcion will not be held responsible for anomalies, imperfections, interruptions or computer errors which may affect the possibility of navigating or activating any of the functionalities available on the Website.
Likewise, Argentina Excepcion will not be held responsible for the direct or indirect damage, of any given nature, derived from the use or the partial or total impossibility of using the Website functionalities.
The photos and maps available on the Website have the purpose of proportioning the Buyer an initial approximation to the Products offered. They have a merely informative and illustrative purpose and lack any contractual value.
7.2. Sales supply and sale of the Products
The Buyer acknowledges the responsibility of Argentina Excepcion in relation to the supply and sales of the Products may not exceed the responsibility of the local provider(s) and/or of the carrier(s) involved. To this respect, it is noted that the responsibility of the air carriers is frequently limited by the national or international rights which apply or by its own Special conditions.
We must point out that airlines sometimes reschedule domestic flights despite the sales already made. In this case or in the case of delays in take off, Argentina Excepción team goes to great lengths to reorganize or adjust the excursions program. The agency, however, exempts itself from any financial consequence that may occur as a result of a flight rescheduling or delay.
Furthermore, in regards to the organized circuits and the transfers provided requiring the implementation of important measures to guarantee the security of the Buyer, Argentina Excepcion reserves the right, in case of determined unforeseeable external events or if particular circumstances thus demand it (weather conditions, political events, etc.), to modify the established dates, times or itineraries without this affecting its responsibility or exposing it to payment of compensation whatsoever.
Argentina Excepcion will not be held responsible for direct and/or indirect damages, affecting people or belongings, derived from the refusal or omission of the Buyer to partially or totally fulfill the norms indicated by local suppliers of Argentina Excepcion (especially guides) or, more generally, from the incorrect execution of the contract imputable to the Buyer.
Argentina Excepcion will not be held responsible for the circumstances of force majeure in the supply of the services included in the agreement.
Argentina Excepcion is holder of the totality of the intellectual property rights and/or exploitation rights, particularly in regards to author’s rights, database rights, brand rights, all relative to its Internet Website, its contents and all the elements which it integrates.
Argentina Excepcion concedes the Buyer, exclusively in a private sphere, the right of non exclusive use and not susceptible of assignment of the elements which form the Internet Website, including the data it contains in the context of an online consultation, of the totality or part of those elements and of its reproduction for protection. All other use of the Website not described above is consequentially forbidden, particularly that effectuated with commercial purposes, under penalty of the application of the judicial figure of contraband.
SECTION 9 – PROTECTION OF PERSONAL DATA
The indispensable data utilized to process and execute the inquiries will be identified with an asterisk on the pages of the Website.
With the objective of correctly processing the inquiry formulated by the Buyer, Argentina Excepcion must communicate the Buyer’s relevant personal data to its partners, which include carriers, local suppliers or the competent administrative authorities. Likewise, Argentina Excepcion will also be able to communicate to the insurance companies the information linked to the Buyer’s inquiry.
The Buyer has, at all times, the right to access, modify, rectify or suppress his personal data. He may exercise this right by sending an e-mail to the following address: info @ argentina – excepcion . com or by post to: Costa Rica 5546 – 6° Floor, Apartment “606” – (C1414BAA) Buenos Aires – Argentina, without having the obligation of attesting his identity in each case.
The General Terms are submitted to the application of Argentine law. All disputes relative to their interpretation and/or its execution will be processed under the Argentine Justice.
In case of existing differences derived from the interpretation or execution of the contract, the parts compromise to attempt, in the first place, obtaining a non litigious solution.
If the result of the aforementioned solution is negative, the competent authorities for understanding the dispute will be the Buenos Aires Courts, independent of the presence of various defendants or other parties summoned as guarantors.
SECTION 11 – DIVERSE PROVISIONS
In the absence of proof of the contrary proportioned by the Buyer, the data recollected by Argentina Excepcion under the legal framework for the use the Buyer has given to the Website will be valid means of evidence insofar the content and form of the inquiries formulated by the Buyer and will be admitted in the same conditions and with the same standard of proof of any document drafted, received or kept in writing.
The fact that Argentina Excepcion may not invoke at a given moment one of the provisions from the General Terms will not be interpreted as a relinquishment on its behalf to subsequently invoke any of the aforementioned provisions.
When one of the provisions of the General Terms is declared null and without effect, it will be considered not drafted, not affecting the validity of the rest of the provisions of the contract unless the provision declared null would have essential and determining character for the validity of the contract.
All configurational hypothesis of force majeur including the interruption of the means of communication, strike of carriers, hotel personnel, navigation and air traffic control personnel, suspends the obligations affected by force majeur of the present contract and exonerates of all responsibility the party which would have had to execute the affected obligation.
SECTION 20: During trips and tours with expenses included, at the moment when the user offers his conformity with the correspondent quotation, the agencies are authorized to collect a down payment of up to forty (40) percent for their services, following other legal norms, if any were to apply.
SECTION 21: When a discontinuance affecting the services hired by the agencies takes place, the reimbursement of the services will be subject to the contractual conditions under which the respective companies provide their services. Given the case in which the reimbursements are carried out, the agencies will have the right to deduce up to a ten (10) percent for themselves.
When reimbursements for services which have not been utilized and in cases the refund is not carried out immediately, the agencies must process a claim, within five (5) days of receiving the complaint, requesting the confirmation solicitude of the amounts claimed by the traveler. Likewise, they must refund the correspondent amounts within ten (10) days subsequent to the reception of the liquidation in question.
SECTION 22: The right conferred to the client by the tourism services contract, individual or collective, unitary or combined, may be assigned or transferred to other persons, always given the carrier or hotel prescriptions are not in disagreement and according to the stipulations which to those effects will be established in advance, with express reference to the anticipation periods in which the aforementioned substitution may take place. If the assignment or transference is carried out to persons of diverse ages (underage and legal age) the agency may establish price differences. The same procedure can be carried out by clients in case a refund corresponds due to a balance in their favor.
In all assignment or transfer cases, the travel agency will have the right to request a surcharge of up to ten (10) percent.
SECTION 23: The travel agencies will only be able to cancel their programmed trips when, in the judgment of the National Tourism Department (Dirección Nacional de Turismo), a justified cause exists.
SECTION 24: The following are considered, for travel agencies, justified causes of cancellation of individual or collective trips:
a) Force majeur and unforeseeable circumstances.
b) When on individual trips the agencies, having acted with due prevision and diligence, may not dispose of, for reasons notwithstanding their willingness, the totality of the reservations of the hotels, transportation or other essential services according to the presented itinerary, having the relevant financial obligations destined to provide the services in order and up to date.
c) When the alteration of tariffs or currency exchange rates forces a substantial increase in the price of the trip, that giving place to the subsequent cancellations of behalf of the persons involved.
d) When a sufficient number of inscriptions was not possible, given that that extreme case was mentioned in the contract clauses or terms and in the respective announcements or brochures, and that the cancellation be communicated to the travelers with a minimum of ten (10) days in advance. In order for that claim to be valid it is essential for the agency not to have charged the clients a down payment surpassing twenty (20) percent of the established trip price.
SECTION 25: In the case of unjustified discontinuance on behalf of the travel agencies, of an individual or collective trip, these must reimburse the total amount of the down payment, without deductions, plus a compensation of ten (10) to thirty (30) percent, according to the resolution taken by the National Tourism Department (Dirección Nacional de Turismo), taking into account the characteristics of the case and the antecedents of the agency involved and without prejudice to those to which by common right the user is considered creditor. The repetition of such discontinuances will be considered as cause for the application of sanctions.