1. CLOSING OF THE TRAVEL CONTRACT
With the written registration with Aventuras Tierra Verde (ATV), the customer offers ATV the binding conclusion of a travel contract. In the case of registration for several participants in the trip, the applicant is liable together with these participants for their contractual obligations as well as for his own, provided that he has expressly and separately declared so. The contract will be concluded upon ATV’s acceptance. The customer will receive a written travel confirmation/invoice immediately after the conclusion of the contract and the confirmation of the bookings.
The order request – without a signature – by electronic mail (e-mail) is also considered a written request. Travel Contract: The basis of the travel contract is exclusively the information, descriptions, and conditions of our offers, our current agency manual, or our presence on the Internet, as well as the services indicated in our travel confirmation. Additional agreements require ATV’s express written confirmation.
Our billing currency is USD (United States Dollar). Upon conclusion of the contract, a deposit of 10% of the travel price, at least 500 USD per participant, must be paid. The remaining payment must be made at least 40 days before the start of the trip to one of our bank accounts in Costa Rica (receipt of payment in our account). Please note that bank transfers via SWIFT (BIC) usually takes between 5 and 6 working days. For bank transfers, the following applies: All costs are borne by the sender. Please keep this in mind when completing the transfer form (OUR transfer = all costs are borne by the sender). Exceptions to this provision must be made in writing. If the due travel price has not been paid in full by the contractually agreed start date of the trip, ATV shall be released from its obligation to perform and may demand the corresponding cancellation costs from the Customer if the Customer is not entitled to refuse payment.
3. CHANGES IN SERVICES AND PRICES
Insignificant changes and deviations of travel services from the agreed content of the travel contract which become necessary after the conclusion of the contract and which were not caused by ATV contrary to good faith, are permitted as long as they do not adversely affect the overall character of the booked trip. ATV is entitled to increase the travel price after the conclusion of the travel contract if this takes into account an increase in transportation costs, charges for certain services (such as entrance fees to national parks, airport or security fees), or a change in the exchange rates applicable to the specific trip, and if more than 4 months have elapsed between the conclusion of the contract and the agreed start of the trip. Price increases shall be notified to the customer immediately, but no later than 21 days before the start of the trip. In the case of price increases exceeding 5% of the travel price, the customer may withdraw from the contract free of charge or demand instead participating in another trip of at least equal value if ATV can provide such a trip from ATV’s offer without additional charges. The customer must assert the withdrawal or the demand for a substitute trip to ATV immediately upon becoming aware of the change notification.
4. WITHDRAWAL/CANCELLATION AND REBOOKING BY THE CUSTOMER **
If the customer is replaced by a third party before the start of the trip, a handling fee of 200 USD per person will be charged. Requests for reservation changes by the customer will be honored up to and including the twenty-second day prior to departure, if possible, with a processing fee of 50 United States dollars per person. If the customer withdraws from the travel contract or does not start the trip, ATV may demand a lump sum cancellation fee as reasonable compensation for the travel arrangements and expenses. The date of receipt of the cancellation declaration by ATV is decisive. We recommend that you take out travel cancellation insurance. The flat-rate cancellation costs are calculated based on the start time of the first contractual service and the amount for each registered participant:
|Days before departure
|Percentage of travel price
|Up to 46 days
|45 to 30 days
|29 – 15 days
|14 – 7 days
|From 6 to 1 day or do not start travel
**Note to points 2 and 4:
Different payment and cancellation conditions apply to various service providers, especially during the high season (from November 1st to April 30th) and on holidays. During Easter, Christmas, and New Year, cancellation fees of 100% of the entire trip apply if cancelled 30 days or more prior to arrival. Some of our providers charge a 100% cancellation fee for their services 45 or 90 days before arrival.
Therefore, we invite you to contact Aventuras Tierra Verde if you are considering cancellation, in order to know separately your personal cancellation policy.
If the travel services are not provided in accordance with the contract, the customer may demand a compensation. ATV may deny the compensation if it requires a disproportionate effort. ATV may provide a remedy by offering an equivalent substitute service, as long as this is reasonable for the customer and the travel defect has not been deliberately caused contrary to good faith or the remedy does not constitute an inadmissible modification of the contract. If a defect occurs or a guaranteed feature is missing, the customer will be obliged to first notify ATV or its representatives without delay to create an opportunity for an immediate solution. If the customer negligently fails to report the defect, he shall be excluded from claims for reduction and contractual claims for damages for this reason. Termination of the travel contract by the customer due to a travel defect that significantly impairs the travel is only permissible if ATV fails to provide a reasonable remedy after the customer has set ATV a reasonable deadline for it. Setting of a deadline is not necessary if the remedy is impossible, is rejected by ATV, or if immediate termination is justified by a special interest of the customer.
ATV is an agent and coordinator of services provided by third-party service providers in Costa Rica, Nicaragua, and Panama (accommodation providers, ground, sea, and air transportation services, independent tour guide services, as well as organizers of various activities). We are responsible for the careful selection of these service providers, especially concerning their suitability and compliance with applicable regulations and laws of the respective service provider. Therefore, ATV is not liable for the services mediated by these third-party companies to the extent that we cannot be accused of intentional misconduct or gross negligence in the selection thereof. In particular, personal injury or death, as well as loss of property and assets as a result of force majeure, riots, civil war or natural disasters, are excluded from liability.
7. WITHDRAWAL AND TERMINATION BY ATV
If the minimum number of participants specified in the catalog for a travel service is not reached, ATV shall be entitled to cancel the trip no later than 30 days before the start of the contractually agreed trip. Payments already made will be refunded without delay. The contract may also be canceled by ATV if the trip is significantly hindered, damaged, or endangered by unforeseeable force majeure events (e.g., natural disasters, political unrest, epidemics, crises). In this case, ATV will charge the expenses incurred up to the time of withdrawal. A complete refund of the travel price is not possible in this case; only the costs not collected by the involved service providers can be reimbursed. Any additional costs incurred shall be borne by the customer. After the start of the trip, ATV may terminate the travel contract without prior notice if a traveler persistently disrupts the completion of the trip despite a warning or behaves contrary to the contract. In the event of termination, ATV retains the right to the price of the trip but must allow compensation for the value of subsequent expenses.
8. PASSPORT, ENTRY, AND HEALTH REGULATIONS
The traveler is responsible for complying with all the formalities and regulations necessary for the completion of the trip. Please understand that we cannot assume any responsibility in case of entry denial to one of the countries visited during your trip or by Costa Rican authorities due to incomplete travel documents. Any additional expenses incurred by us as a result of this will be charged in full.
9. INEFFECTIVENESS OF INDIVIDUAL REGULATIONS
The ineffectiveness of certain provisions already mentioned in the travel contract does not result in the ineffectiveness of the entire travel contract or the other provisions.
Information regarding physical requirements for activities such as hiking is provided to the best of our knowledge and belief but without guarantee. This is because such information is not only a subjective assessment but is also highly dependent on unforeseeable external circumstances, especially weather conditions.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
The ineffectiveness of any of the conditions does not affect the effectiveness of the remaining provisions. Otherwise, the laws of the Republic of Costa Rica shall apply.
The place of jurisdiction is Costa Rica.
12. RECEPTIVE AGENCY
The booked trip is organized by Aventuras Tierra Verde S.A.
ICT Lic. TO 804
P.O. Box 198-6100
Ciudad Colón / Costa Rica
Phone: 00506 – 2249 23 54
Fax: 00506 – 2249 90 29