General Terms and Conditions (GTCs)

Written on 07 June 2021.

Dear customer:

Thank you very much for your confidence in ARA Tours. We are excited to welcome you to Costa Rica soon. The following general terms and conditions (GTCs) are the binding and contractual basis for a professional and trustworthy execution of your planned trip.

REGISTRATION & BOOKING CONFIRMATION

The general terms and conditions (GTCs) are sent to the customer together with the offer before the registration/contract conclusion.
With the travel registration, the customer provides ARA Tours with a binding offer to conclude a travel contract and thereby accepts the GTCs together with the complete range of services and prices listed in the offer.
The registration for a journey can be made in writing, orally or by telephone, as well as by e-mail.
In the case of online registrations, ARA Tours will immediately notify you by e-mail that the registration has been received. This confirmation does not constitute a confirmation of acceptance of the offer or the booking order.
The contract becomes legally binding when ARA Tours have confirmed the booking in writing.
If the content of the booking confirmation differs from the content of the travel booking, ARA Tours will make a new offer to which they are bound for a period of 10 days. The contract shall be concluded based on this new offer if the traveler gives his/her approval to ARA Tours within the commitment period. This can be done in writing, orally or by making a payment.
The customer (applicant) is responsible for all contractual obligations of his fellow travelers for whom he makes the booking as well as for his own, if he has agreed to this obligation by express and separate declaration.

PAYMENT AND TRAVEL DOCUMENTS

Payment of the booking is due upon receipt of the invoice from ARA Tours no later than 45 days prior to departure. It is the timely receipt of payment on the business account of ARA Tours that prevails.
Short-term bookings under 45 days in advance are due immediately.
In the event of special terms of payment for individual service providers, an advance payment may be due at an earlier date, which will be informed accordingly and invoiced separately. This amount is deducted from the total invoice.
If the customer defaults on payment, ARA Tours is entitled to withdraw from the contract after issuing a reminder and setting a deadline and to be indemnified in accordance with point 5.
ARA Tours provides the customer with online general information on travel arrangements, the link to which will be sent by email after receipt of payment. The information in this document has been compiled to the best of our knowledge and belief. However, as individual provisions or partial aspects of the trip may change, no guarantee can be given for the year-round validity of this information.
Our airport tour guide hands over the specific travel documents (including voucher list) to the customer upon arrival or, if no airport pick-up has been booked, it will be handed over to the first hotel of the trip.

SERVICES & SPECIFICATIONS

The services that are contractually agreed upon are determined by the service descriptions transmitted and by the details referring to them in the booking confirmation.
ARA Tours is bound by all information contained in the travel description. However, ARA Tours expressly reserves the right, for objectively justified, substantial and unforeseeable reasons, to declare a change to the service description before conclusion of the contract, of which the traveler will of course be informed prior to booking.

PERFORMANCE & PRICE CHANGES

Changes or discrepancies of individual travel services from the agreed content of the travel contract, which shall become mandatory after conclusion of the contract and which have not been brought about by ARA Tours in bad faith, shall only be permitted insofar as the changes and discrepancies are not substantial and do not impair the overall layout of the booked trip. Any warranty claims shall remain unaffected if the changed services are defective. ARA Tours is obliged to inform the customer immediately in the event of changes or deviations in its services. If necessary, the customer will be offered a free rebooking or a free withdrawal.
ARA Tours can increase prices by up to 5% of the total travel price provided that at least 4 months have passed between the conclusion of the contract and the commencement of the trip and provided that this can be proven to take account for increases in transport costs, charges for certain services or a change in the exchange rates applicable to the trip in question which have actually occurred after the conclusion of the contract. Price increases based on the aforementioned circumstances shall only be permissible to the extent that the increase has an effect on the travel price calculated specifically based on the transport, tax and exchange rate components.
In the event of a subsequent change in the travel price or a change in an essential travel service, ARA Tours must inform the traveler immediately. Price increases from the 20th day before departure are not permitted. In the event of price increases of more than 5% or in the event of a significant change in an essential travel service, the traveler is authorized to withdraw from the travel contract without any additional fees.
The traveler must assert these rights immediately after the destination agency has declared the price increase or change in the travel service.

WITHDRAWL BY THE PASSENGER, REBOOKINGS, SUBSTITUTES

The traveler can withdraw from the travel contract at any time prior to departure. The date on which ARA Tours receives the notice of withdrawal is relevant. A written declaration of withdrawal is recommended to provide evidence.
If the traveler withdraws from the travel contract or does not participate in the trip, ARA Tours may demand compensation for the travel arrangements made and for the expenses incurred. When calculating the compensation, any expenses usually saved and any other possible uses of the travel service shall be taken into account. ARA Tours may flat-rate this claim for compensation in a percentage of the tour price, taking into account the following breakdown according to the proximity of the time of cancellation to the contractually agreed start of the trip:

The following cancellation amounts are calculated:

Up to 45days before departure 50 US$ handling fee
From 44to 30 days before the start of the trip: 25% of the trip price.
From 29to 8 days before the start of the trip, 50% of the price of the trip
From the 7th day before departure: 100% of the trip price

ARA Tours reserves the right to charge a higher concrete compensation instead of the above flat rates if it can be proven that significantly higher expenses than the applicable flat rate have been incurred. In this case, ARA Tours is obliged to quantify and substantiate the claimed compensation taking into account the saved expenses and any other use of the travel services.
The travel customer is at liberty to prove to ARA Tours that no costs or costs lower than those demanded by ARA Tours based on the above flat rates have been incurred because of the cancellation or failure to take the trip.
Until the start of the trip, the traveler can request that a third party take over his/her rights and obligations under the travel contract and take part in the trip. Any additional costs incurred as a result shall be borne by the customer.

UNUSED SERVICES

If the traveler does not make use of certain travel services due to early return or for other compelling reasons, ARA Tours will endeavor to reimburse all saved expenses charged by the service providers. This obligation shall not apply if the services concerned are completely insignificant or if reimbursement is contrary to statutory or official provisions.
If the traveler chooses an accommodation, catering or mode of transport other than the one booked, or if he or she renounces to the services provided in whole or in part, no refund will be made.

WITHDRAWL & CANCELLATION BY ARA TOURS

ARA Tours can withdraw from the travel contract prior to the beginning of the trip or cancel the travel contract after the beginning of the trip if the following occurs:
If ARA Tours is informed prior to the start of the trip of important reasons relating to the person of the traveler which give reason to fear a lasting disruption of the trip. As such, the agreements "Withdrawal by the travel guest, rebooking, replacement person" shall apply.
Without observing a deadline, if the traveler, notwithstanding a warning by ARA Tours, permanently disturbs the execution of the trip or if he/she behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This applies in particular if the customer does not meet the special requirements of a trip according to the invitation with regard to his physical capacity or due to health problems. However, regardless of a cancellation by ARA Tours, the right to the travel price still prevails, but the saved expenses will be deducted.

TERMINATION OF THE CONTRACT FOR EXCEPTIONAL CIRCUMSTANCES

If the trip is considerably impeded, endangered or impaired because of force majeure not foreseeable at the time the contract was concluded, both ARA Tours and the traveler may terminate the contract. If the contract is terminated, ARA Tours may

demand reasonable compensation for the travel services already provided or to be provided to complete the trip.

LIABILITY OF THE DESTINATION AGENCY

ARA Tours is liable within the scope of the due diligence of a prudent businessperson for the conscientious preparation of the trip, the careful selection and supervision of the service providers, the correctness of the travel description and the proper provision of the contractually agreed travel services.
ARA Tours is liable for the fault of the persons entrusted with the provision of services.

WARRANTY

Remedy: If the trip is not carried out as contractually agreed, the traveler can request remedy. ARA Tours may refuse to remedy the situation if it requires disproportionate effort. ARA Tours can also remedy the situation by providing an equivalent replacement service.
Reduction of the travel price: The traveler can demand a corresponding reduction of the travel price for the duration of a non-contractual provision of the trip (reduction). The travel price shall be reduced in the ratio in which at the time of sale the value of the trip would have been in defect-free condition to the actual value. The reduction does not occur if the traveler culpably fails to report the defect.
Termination of contract: If a trip is considerably impaired because of a defect and ARA Tours does not remedy the situation within a reasonable period, the traveler may terminate the travel contract - in his own interest and for reasons of preservation of evidence - by means of a written declaration. The same applies if the traveler cannot be reasonably expected to make the journey due to a defect for an important, recognizable reason. The determination of a deadline for the remedy is not necessary only if remedy is impossible or rejected by ARA Tours or if the immediate termination of the contract is justified by the traveler's express interest. He shall owe ARA Tours the part of the trip price attributable to the services used, insofar as these services were of interest to him.

Compensation: Without prejudice to the reduction or termination, the traveler may claim compensation for non-performance, unless the defect in the trip is due to a circumstance for which ARA Tours is not responsible.

LIMITATION OF LIABILITY

ARA Tours' liability for damage that are not physical injuries is limited to three times the trip price insofar as ARA Tours is responsible for damage caused to the traveler solely through the fault of a service provider.
ARA Tours shall not be liable for service disruptions in connection with services which are merely brokered as external services. (e.g. optional activities) and which are explicitly marked as optional in the travel description. This also applies in the event that one of the "ARA Tours tour guides" takes part in the event.
A claim for damages against ARA Tours is limited to the extent that a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions due to international conventions or statutory regulations based on such conventions and applicable to the services to be provided by a service provider.
The traveler is obliged to take all reasonable measures in the event of any disruptions to services in order to contribute to remedying the disruption and to keep the resulting damage to a minimum for all parties involved.
The traveler is in particular obliged to communicate his complaints immediately to the tour guide or the office of ARA Tours. ARA Tours is instructed to provide remedy as soon as possible.
The tour guide is not entitled to make statements on claims for damages.
If the traveler culpably omits to report a defect, a claim for reduction shall not be valid.

EXCLUSION OF CLAIMS AND STATUTE OF LIMITATIONS

The traveler must assert claims against ARA Tours for non-contractual provision of the trip within one month of the contractually stipulated end of the trip. After the deadline has expired, the traveler can only assert claims if he or she has been prevented from meeting the deadline through circumstances beyond his or her control. In the traveler’s own interest, the notification should be made by e-mail. This is determined by the date of receipt by ARA Tours. Any liability for claims received later is excluded.

PASSPORT, VISA AND HEALTH REGULATIONS

Each participant who must be in possession of a valid identity card - possibly with a visa - is responsible to ensure compliance with passport, entry, vaccination, currency and customs regulations. This also applies to valid driving licences. All costs, in particular the payment of rescission costs arising from non-compliance with these regulations, shall be borne by the customer.

INEFFECTIVENESS OF INDIVIDUAL PROVISIONS

The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire travel contract.

OTHER

Physical requirements: In principle, the information on physical requirements during trips is given to the best of our knowledge, but without guarantee, since such information is not only subject to subjective assessments, but is also strongly influenced by external circumstances such as weather conditions.

APPLICABLE LAW AND JURISDICTION

Costa Rican law governs contractual and legal relationships between the traveler and ARA Tours. The place of jurisdiction for complaints of the traveler against the destination agency is San José, Costa Rica. If ARA Tours takes legal action against the traveler, the residence of the traveler shall be applicable.