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TERMS AND CONDITIONS FOR THE CELEBRATION OF A TEMPORARY LEASE OF SAILBOAT CABIN
Brazil Sailing Ltda.
By this Instrument, on the one hand BRAZIL SAILING LTDA, a private company, registered under CNPJ No 28.445.556 / 0001-00, with its head office located at Av. Deputy Anuar Menhen, n. 1212, apt 43, block 1, Bairro Santa Amélia, Belo Horizonte, MG, Brazil, CEP: 31.560-200, telephone: +49 151 2220 6446 hereinafter referred to simply as CONTRACTED, and on the other hand, the CONTRACTING PARTY agrees to sign this Agreement for the Provision of Services for the temporary hiring of booths in Sailboats , according to the conditions established below:
For the purpose of remuneration for the cab rental services offered, the CONTRACTING PARTY shall pay the CONTRACTOR for a temporary cabin rental, which may make a sailboat cruise in style (German or Brazilian), according to the package chosen at www. brazil-sailing.com, noting that this contract is about renting a cabin in a sailboat.
On the date of confirmation of the cabin rental, the payment must be made in the percentage of 30% or 50% of the total amount via the bank deposit identified. The remainder of the amount will be paid within 30 days prior to the start of the use of the cabin, or in case of late booking, immediately upon receipt of the rental documents.
Paragraph 1 - The payment method may be changed according to the wishes of both parties.
Paragraph 2 - The CONTRACTED PARTY shall have the right to change the price of the confirmed cabin rental, if, after the conclusion of the contract, there is an unpredictable increase in the following cost components: Exchange rates for the reserved rental; fees for certain services; The price increase will occur if there is a period of more than 120 days between the date of conclusion of the contract and the date of the start of the cabin rental. The lease price may be increased up to an amount that results only from the addition of the accrued amounts of the cost components mentioned above.
Paragraph Three - The CONTRACTOR undertakes to inform the client immediately of any price increase, no later than 21 days before the date of the beginning of the cabin rental. The information can be made by any of the means: phone, email, whatsapp.
Paragraph Four - If the increase is greater than 5% of the amount paid, the CONTRACTOR has the right to terminate the contract without the payment of a fine. The option for cancellation must be informed to the CONTRACTOR within 24 hours of receiving the information of the increase of value and must be made by any of the means: telephone, e-mail, whatsapp, contained in the service contract. Under penalty of payment of the fine contained in clause six.
With full payment of the amount contained in Clause One, the CONTRACTING PARTY guarantees his vacancy in the cabin of the sailboat for the purposes set forth in this contract, provided that the documentation is correct, and the CONTRACTOR does not accept visa applications or similar documents .
In case the CONTRACTING PARTY does not deposit the installments within the period provided for in clause Two or its paragraph, they shall have their reserves of vacancies canceled, in which case the CONTRACTING PARTY shall lose as a deposit the amount deposited, without the right to any indemnities or indemnities, . 420 of our Civil Code, as a form of compensation.
Sole Paragraph - The effective rental of the cabin will only occur if the full payment of the contracted amounts has been made within 30 days, in case there has not been full payment, the CONTRACTED PARTY is not obliged to rent the cabin of the sailboat and the amount paid, pursuant to the caput, shall be forfeited as indemnity pursuant to art. 420 of the NCC. Cancellation, processing and alteration fees must be paid at the time of request.
At any time, the CONTRACTING PARTY may cancel its participation, through a written request, sent by email (email@example.com), or by telephone (+049 151 2220 6446) and / or message text via WhatsApp (+49 151 0347 4006). In any circumstance of withdrawal, will be due the non-refundable service fee, of the amount of the lease made to make against administrative expenses of communication and organization. The cancellation will only be confirmed upon receipt of the e-mail and visa of the person in charge of the reservations department of the CONTRACTED PARTY. The user will be entitled to the amount previously paid according to the following conditions and Legislative Deliberation nº 161 of August 9, 1985, of EMBRATUR:
a) For cancellations with 31 days or more, retention of 10% of the total value of the service;
b) For cancellations with 30 to 21 days, retention of 20% of the total value of the service;
c) For cancellations with 20 to 08 days, retention of 50% of the total value of the service;
d) For cancellations with 07 days or less (No Show), total or partial withdrawal of services, retention of 100% of the total value of the service.
First Paragraph - It is possible to transfer the name of one participant (Client and / or companion) to another, in case of withdrawal. The request must be made in writing and sent by email (firstname.lastname@example.org) within 10 business days of the start of the lease. The transfer of the participant will only be confirmed upon receipt of the e-mail and visa of the person in charge of the reservation department of the CONTRACTOR and provided that the substitute participant has the documentation for the current travel.
Second Paragraph- The CONTRACTED PARTY has the right to cancel the lease for reasons of security or force majeure, or for any other reason that makes the good progress of the service and the safety of the participants impossible; therefore, it will return the value of 50% of the amount paid by the client within approximately 60 days, retained by the CONTRACTOR to cover operational expenses and any displacement of the vessel. In case the minimum number of participants specified in the suggestion on the CONTRACTOR website or in other contents of the rental contract is not reached, the CONTRACTOR has the right to terminate the contract, up to 21 days before the start of the lease.
The suggestion of the crossing is available on the site https://www.brazil-sailing.com, but can be changed in agreement with the crew and / or weather conditions unfavorable to navigation.
During the hiring, in extreme and exceptional cases where there are faults in the sailboat, where the CONTRACTORS have to be removed from the sailboat by decision of the commander due to sea conditions and / or navigation and / or unfavorable weather conditions, the decision to continue or return is the sole responsibility of the Commander, who is responsible for safeguarding human life at sea. In extreme and exceptional cases, where there are breakdowns in the sailboat, where CONTRACTORS have to be removed from the vessel by the sole decision of the Commander due to sea conditions and / or navigation and / or unfavorable climatic conditions, 10% (ten percent) of the The amount paid will be refunded to the CONTRACTING PARTY within a maximum of 15 days after its disembarkation, the remainder being 90% (ninety percent), retained by the CONTRACTOR to cover operational expenses, ship displacement and to cover damages.
Sole Paragraph - If the lease is interrupted, even before the arrival destination, at the request of the CONTRACTING PARTY, without the CONTRACTOR having given cause to such interruption, no refund shall be due to the CONTRACTING PARTY.
The Commander is the maximum authority on board, and the CONTRACTOR shall strictly obey all its determinations, including in relation to safety, aiming at the safeguarding of human life at sea.
The CONTRACTOR, obligatorily, must sign the "Term of Responsibility and Implication of Risks" in the Check-in for non-signature, non-agreement of the respective signed term, will be considered as "withdrawal", in which case the remain in the Sailboat, applying the rules contained in this contractual instrument, for purposes of restitution.
The CONTRACTOR informs that in the value of the lease does not include any type of insurance in relation to personal objects, due to this is not responsible for any loss, theft, theft, etc. The CONTRACTOR will provide a courtesy box with a central safe on the sailboat where only the Commander will have the key so that small valuables can be stored, and only for these objects will the CONTRACTOR be responsible.
Services will be finalized at check-out
In case the CONTRACTING PARTY chooses to disembark in some place and to return to the continent, using another means of transport, no refund will be due to him in relation to the value contracted.
The provisions of the Civil Code in which it is compatible shall be applied to this contract, not being dealt with in this contract of consumption relationship, as well as the rules issued by the Brazilian Navy, principally that contained in Normam 3 and Port Authority Norms and Procedures - NPCP's.
The CONTRACTING PARTY will only be able to make the reservation if he / she agrees with all the above mentioned conditions, clicking on the icon Li and I agree with the terms and conditions "to the end of this page.
Salvador, XX of XXXXXXXX of 20xx.
Disclaimer and Implication of Risks
I, ________________________________________________________________________________, nationality _____________________, bearer of the RG / Passport nº__________________________, CONTRACTING PARTY, by this instrument and in consideration of my admission as participant / crew member / passenger on any tour, crossing, and activities of the Sailing vessel owned by CONTRATADA Brazil Sailing LTDA, I hereby acknowledge, understand and affirm that:
1- My registration for any tour, crossing, and activities of the Sailing vessel owned by Brazil Sailing LTDA is of my own free will, as a participant / crew member / passenger;
2 - The risks of accidents in the activities involved are significant and involve the possibility of drowning, displacements, dislocations, fractures, burns, animal stings, risk of permanent paralysis and death;
3 - I RECOGNIZE AND FREELY ASSUME ALL RISKS, KNOWN OR NOT AND I assume full responsibility for my participation in any sailing, cruising, and sailing activities of Brazil Sailing LTDA;
4- As a participant in any sailing, cruising, and sailing activities of Brazil Sailing LTDA, I undertake to respect the current legislation, be it municipal, state, federal or international, assuming any and all consequences for my acts in the period duration of the activity and those that precede and succeed, such as shipments and arrivals, overnight stays and stays on sailboats when outside the activity and in or out of the area of the clubs in which we are moored;
5 - Respect for third parties, both physically and morally, whether they are other participants, assistants, organizers or other people, is fundamental for the sailboat's journey, crossing, and activities to fully reach their objectives. To this end, I also undertake to respect them fully;
6 - I, myself, my heirs, legal representatives and close relatives, exempt and release the owner of Sailing Brazil Sailing LTDA, its employees under any link, authorities, agents or employees, other participants, sponsoring entities, sponsors, advertisers, volunteers, and, if applicable, owners of places used to carry out the event, from any legal responsibility, WITH RESPECT TO ANY DAMAGES, INVALIDITY OF ANY KIND, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY;
7 - I am also aware that in order to be entitled to an additional civil repair, I must acquire my own life insurance, which should cover the risks inherent to the activities carried out during the ride, crossing, regatta and other activities on board, to sail in open ocean;
8 - I certify that I am able to participate in this event, being in full physical, mental and emotional capacity, and I am of legal age (over eighteen years old), responsible for my actions;
10 - I am aware that any material that I lose or damage must be replaced by a new one of the same quality or superior, or, refunded;
11 - USE OF THE IMAGE: I accept unconditionally the publicity through photos, films and interviews in radio, newspaper, magazine, television and other media placements for informative, promotional or publicity purposes pertinent to the Sailing vessel owned by Brazil Sailing LTDA, without incurring onus to the organizer, sponsors or to the means of delivery itself.
AFTER YOU HAVE READ THIS TERM OF LIABILITY AND AGREEMENT OF RISK IMPLICATION AND HAVE UNDERSTOOD YOUR TERMS, UNDERSTANDING THAT I AM DISCONTINUING SUBSTANTIAL RIGHTS THROUGH YOUR SUBSCRIPTION, WHICH I DO FREE AND VOLUNTARILY, WITHOUT ANY COURT.
Salvador, 20xx xxxxx xx
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