PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”).

Welcome to the Carpe Diem Tour & Adventures® website, which is owned and operated by Carpe Diem Tour & Adventures (“Carpe Diem Tour & Adventures” or “we”). This Agreement describes the terms and conditions applicable to the services available through this website along with Carpe Diem Tour & Adventures’s mobile and tablet applications (“Site”). This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by Carpe Diem Tour & Adventures in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Carpe Diem Tour & Adventures for products, services or otherwise.

SUPPLIER TERMS AND CONDITIONS

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.

DISCLAIMER OF WARRANTIES

You understand and agree that this site and the information, services, products and materials available through it are provided on an “as-is” and “as available” basis. You expressly agree that use of this site is at your sole risk.
To the fullest extent permissible pursuant to applicable law, carpe diem tour & adventures and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by carpe diem tour & adventures or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.
You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that carpe diem tour & adventures does not control in any respect any information, products or services offered by third parties on or through this site. Except as otherwise agreed in writing, carpe diem tour & adventures and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site. No warranty or guarantee is made that a user will receive the lowest available price for goods and/or services available through this site. Prices and availability are subject to change at any time prior to purchase. Carpe diem tour & adventures disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel or other travel products displayed on this site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, carpe diem tour & adventures expressly reserves the right to update prices at any time and/or correct any pricing errors on our site and/or on pending reservations made under an incorrect price.
Carpe diem tour & adventures does not make any warranty that this site or its content will meet your requirements, or that the site or content will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected. Carpe diem tour & adventures does not represent or warrant that materials in this site or information provided by carpe diem tour & adventures via email or other means are accurate, complete, reliable, current or error-free. Nor does carpe diem tour & adventures make any warranty as to the results that may be obtained from use of carpe diem tour & adventures or its content or as to the accuracy, completeness or reliability of any information obtained through use of the site.
Carpe diem tour & adventures assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence of carpe diem tour & adventures, its affiliates, its licensors or a user’s own errors and/or omissions.
Carpe diem tour & adventures assumes no responsibility for any damages suffered by a user, including, but not limited to, loss from nondelivery of services purchased from companies listed on carpe diem tour & adventures such as (but not limited to) airfare, hotels, tours, transfers and vouchers. User is aware that companies and their agents providing such services are not in any way related to carpe diem tour & adventures and carpe diem tour & adventures has no responsibility to ensure delivery of such services.
Carpe diem tour & adventures disclaims any warranty or representation that confidentiality of information transmitted through this website will be maintained.
Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

LIMITATION ON LIABILITY

Under no circumstances, including without limitation negligence, shall carpe diem tour & adventures or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing carpe diem tour & adventures content or related services (collectively the “covered parties”) be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, punitive or consequential damages or any damages whatsoever arising from or in connection with the use or inability to use the site or any content provided by or through this site or any products or services obtained through the site or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of such damages.
Further, the hotels and service providers on the site are independent contractors and not agents or employees of the covered parties. To the extent permitted by law, the covered parties do not assume liability for any injury, damage, death, property damage, loss, accident or delay due to an act, error or omission of a hotel or service provider, including, without limitation, an act of negligence or the default of a service provider, or an act of god. The covered parties shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
If, notwithstanding the above, a covered party is found liable for any loss or damage relating to the use of this site, user agrees the liability of any such party shall in no event exceed the transaction fees assessed by carpe diem tour & adventures for your transaction on this site. This limitation of liability reflects the allocation of risk between the parties.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

TRAVEL DESTINATIONS

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Carpe Diem Tour & Adventures shall not be liable for damages or losses that may result from travel to such destinations. Carpe Diem Tour & Adventures urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

By offering travel services to particular international destinations, carpe diem tour & adventures does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

ARBITRATION AND APPLICABLE LAW 

To the extent permitted by law, this Agreement and the provision of our services shall be governed by and construed in accordance with New York law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against Carpe Diem Tour & Adventures or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by Carpe Diem Tour & Adventures or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association (“AAA”). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in New York, New York or at such other location as may be mutually agreed upon by Carpe Diem Tour & Adventures and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply New York law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Carpe Diem Tour & Adventures will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions, you and Carpe Diem Tour & Adventures (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against Carpe Diem Tour & Adventures must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Carpe Diem Tour & Adventures will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Carpe Diem Tour & Adventures, Carpe Diem Tour & Adventures may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.

TERMINATION

Notwithstanding any of these terms and conditions, Carpe Diem Tour & Adventures reserves the right, without notice and in its sole discretion, for any reason whatsoever to terminate your license to use this Site, and to block or prevent future access to and use of this Site. Carpe Diem Tour & Adventures shall not be liable to you or any third-party for any termination of your access to this Site.

SEVERABILITY

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Our Website is operated by: www.imaginart.com.br

USE OF OUR WEBSITE

You may only use and register to become a user of Our Website or Trips if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.
If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.
You may only use Our Website to search for legitimate travel deals; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission from CARPE DIEM TOUR & ADVENTURES:
(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of CARPE DIEM TOUR & ADVENTURES pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
(vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law;
(viii) use Our Website to collect or store personal data about others;
(ix) use Our Website for any commercial purpose; or
(x) transmit any ad or promotional materials on Our Website.

YOU FURTHER AGREE NOT TO:

• Circumvent, disable or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on the Website;
• Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
• Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
• Provide false or deceptive information;
• Solicit personal information from anyone;
• Delete, add or otherwise change other people’s User Content;
• Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website;
• Publicly disparage anyone or any User Content;
• Publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
Please report abusive content to contato@tourscarpediem.com if you see it.

TRIPS

If you use Trips, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through Trips (collectively, the “Trips Information”), and you represent and warrant that you are not transmitting or sharing Trips Information that you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide us at your expense.
When you provide us with Trips Information or make a booking through CARPE DIEM TOUR & ADVENTURES, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. By providing us Trips Information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate and distribute that Trips Information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of (or incorporate into other works) that Trips Information. You may remove your Trips Information from Trips at any time, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time.