Terms of Use
This page (together with the documents
referred to about it) tells you the terms of use under which you can make use
of our website www.amplitur.com (our sites),
even as a guest or a registered user.
The expressions "we", "us", "our/s",
"A AMPLITUR", "AMPLITUR" refer to A AMPLITUR with
registered office at Rua Padre Leonardo Nunes, 440 – Curitiba – Paraná - Brazil,
legal entity of private law constituted under Brazilian law, with company number 80.193.659/0001-40.
Access to our Website, any mobile or
tablet application, or any other feature or other platform is offered to you
subject to your acceptance without modification of all terms, conditions and
notices set out below. We recommend that you print a copy of these terms
for future reference.
PLEASE READ THESE TERMS CAREFULLY AS
THEY CONTAIN IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF LIABILITY.
Any personal information that we
collect about you while you browse and use our Platform will be used in
accordance with the General Data Protection Law (LGPD), therefore, our Privacy
Policy, which also governs your use of the Platform, may be accessed
on our page through a specific link.
1.1 DEFINITIONS
Whenever the expressions below are
used in these Terms, they will have the meaning below:
- Platform – Online platform intended to bring together
Suppliers, Affiliates and potential Buyers interested in the Products or
Services disclosed through the technological tools contained in the
platform;
- Product or
Service - Product or Service, created by
the Supplier or by a third party from whom the Supplier has received
exclusive authorization for commercial exploitation and which is made
available by the Supplier for dissemination, promotion and
commercialization through the use of the technological tools contained in
the Platform;
- User – any person who accesses the Platform, REGARDLESS of whether or
not he has registered as a Supplier, Affiliate or Buyer;
- Provider/Supplier - User holding intellectual property rights of
a Product or Service, or holder of a valid authorization for commercial
exploitation on an exclusive or non-exclusive basis of the Product or
Service and who uses the technological tools contained in the Platform to
facilitate the dissemination, the promotion and sale of such Product or
Service, (airlines, hotels, events, shows, insurance, etc.) . Those Users who act in partnership with another Supplier for
the launch, dissemination and joint marketing of Products and/or
Services will also be considered as Suppliers, or Service
Providers. Such Provider, called Co-Supplier, will
fully comply with these Terms of Use and Platform Policies;
- Buyer – User who acquires a Product or Service using the technological
tools made available by the Platform;
2. CHANGES IN TERMS
We may change these terms from time to
time to comply with any regulatory requirements or if there are changes in our
business practices, so that, where reasonably possible, we will notify you of
material changes. However, whenever you wish to use our Platform, we
kindly ask you to check it to ensure that you understand the current
conditions.
The use of the Platform will be subject
to the most recent version of the terms, always available on the Platform
itself.
We encourage you to read in their
entirety to make sure you are aware of any changes that may apply to you.
3. PLATFORM ACCESS AND USE
We do not guarantee that access to the
Platform, or any content contained therein, will always be available or will be
uninterrupted. We may suspend, withdraw, discontinue or change all or any
part of the Platform and we will inform you of these changes by giving written
notice.
You (User) shall not misuse the
Platform by knowingly introducing viruses, Trojans, worms, logic
bombs or any other material that is malicious or causes technological
damage. You must not attempt to gain unauthorized access to the Platform,
to the server where the Platform is stored or to any server, computer or
database connected to the Platform.
You shall not attack the Platform through
a denial of service attack or through a distributed denial of service attack.
We will report any such violations to
the relevant legal authorities and we will cooperate with those authorities by
disclosing your identity to them. In the event of one of such violations,
your right to use the Platform will terminate immediately.
4. WE DO NOT SELL PRODUCTS
The Platform is a search engine that
offers users comparisons of different offers of Products and Services in the
field of Tourism and Entertainment.
A AMPLITUR does not offer, own or
control any of the services and products that you access through our
Platform. The Products and Services are owned, controlled or made
available by third parties (Providers/Suppliers), either directly (eg a hotel)
or through a hotel reservation intermediary (eg an online travel
agency). Providers/Suppliers are responsible for the Products and Services
as well as all booking contracts. The reservation of a Product or Service
takes place only on the platforms of the Provider/Supplier. The
Provider/Provider's terms and privacy policies apply to your booking;
therefore, you must agree to and understand these terms.
Your interaction with any
Provider/Supplier accessed through our Platform is at your own risk and
expense, and A AMPLITUR will not be held liable in the event of any problem
with your booking. A AMPLITUR has no control over Providers/Suppliers.
For more information on how A AMPLITUR
operates, we recommend that you consult our Customer Service by forwarding
an email to support@amplitur.com .
A AMPLITUR hosts content, including
prices, images and other information made available by or obtained from
Providers/Suppliers (“Provider Content”), as well as content offered by users,
such as comments, ratings and other information (“User Content” and together
with the Provider Content, the “Content”).
A AMPLITUR is in no way responsible or
liable for the accuracy, quality, completeness, reliability, timeliness or
reliability of the Content, and A AMPLITUR has no influence on the
Content. In particular, we do not guarantee that the Provider Content, in
particular the prices reflected therein, will be updated in real time, or that
a particular Product or Service will be available. As a result, the price
displayed by a Provider/Supplier may not match that displayed on our Platform.
The Provider/Provider ratings displayed
on this Platform are intended to be general guidelines only, and we do not
guarantee the accuracy of the ratings or any User Content.
5. USE OF THE PLATFORM
As a condition of your use of our
Platform, you agree that:
- You are at least 18 years of
age;
- You will use this Platform
only for your private use to seek legitimate offers on Tourism and
Entertainment Packages, Events and the like;
- All information provided by
you on our Platform is true, accurate, current and complete; and
- If you use this Platform on
behalf of another person, you will inform them of the terms that apply to
any searches and/or bookings you have made on your behalf, including any
rules and restrictions that apply to such searches and/or bookings;
- Has the legal capacity to
assume a legal obligation;
- You will use the Platform in
accordance with these terms;
- If you have an A AMPLITUR
account, you will be responsible for safeguarding your account information
and you will supervise and be fully responsible for any use of our account
by you or anyone else.
We reserve the right, at our sole
discretion, to deny access to our Platform and the services we offer to anyone
by written notice, including, without limitation, for breach of these terms.
The Products and Services featured on
the Platform are displayed in the currency you select. If you don't select
any currency, the relevant currency for the top-level domain will be used by
default. Our currency conversion is for informational purposes only and
should not be used as an accurate, real-time basis. Some Products or
Services may also be sold in a currency other than that pre-configured or
selected by you for sampling the search results. Actual rates may vary and
your payment provider (eg, credit card company) may charge conversion fees and
apply any other exchange rate available at the time.
All prices shown must be understood as
applied per night (in cases relating to hotel services). For booking
periods longer than one night, the average price per night for the selected
period will be displayed.
All declared values include booking
fee, VAT (Value Added Tax), service fee, hotel fee, resort fee or city tax.
6. AMP TRAVEL MEMBERS
You have the option to join the A
AMPLITUR community by creating a member account in the A AMPLITUR associate
members area. Members will be able to publish content generated by them,
as well as actively participate in the development of the Platform through
administrative functions. Unregistered users will be able to read the
content on A AMPLITUR for free.
Members will have the option to manage
and store their searches. To create an account, you will need to provide
certain personal information. Other than your username, no personal
information will be displayed. When you request that your account be
deleted, we will keep your personal information only as long as necessary or as
long as we are required to do so by law. For more information, see our Privacy
Policy.
A AMPLITUR only allows one account
registration per person. You are responsible for the accuracy and
completeness of your personal information.
You are responsible for the use of your
account and for the confidentiality of your user account information, in
particular your password. You must not disclose your password to any third
party. We have the right to disable your account or password, via
electronic notice (email) to you, if in our reasonable opinion you have
breached these terms of use. If you become aware of or suspect that anyone
who knows your User ID code or password, you must notify A AMPLITUR immediately
through our Customer Service by forwarding an email to support@amplitur.com .
7. USER OBLIGATIONS AND PROHIBITED
ACTIVITIES
As a user of the Platform, you are
responsible for any User Content (text, photos, reviews, links, etc.)
that you submit to A AMPLITUR. You must ensure that you have all rights
with respect to any content that you post on the A AMPLITUR Platform and that
any User Content does not violate the rights of third parties.
In particular, you shall not create and
upload any User Content that:
- be advertising disguised as
a review;
- does not contain content
specific to a reviewed item;
- is not objective or is
intentionally untrue;
- is immoral, pornographic or
otherwise offensive;
- infringes any third-party
rights, in particular copyright;
- violates applicable laws in
any way or constitutes a criminal offence;
- contains viruses or other
computer programs that can damage software or hardware or
affect the use of computers;
- be it a survey or
chain; or
- is intended to collect or
use personal data of other users, especially for commercial purposes.
Also, you agree not to:
- use our Platform or its
contents for any commercial purpose;
- make any speculative, false
or fraudulent bookings or any bookings in anticipation of demand;
- access, monitor or copy any
content or information from our Platform using any robot, spider, scraper or
other automated means or any manual process for any purpose without our
express written permission;
- violate the restrictions in
any robot exclusion headers on our Platform or avoid or circumvent any
measures employed to prevent or limit access to our Platform;
- take any action that
imposes, or may impose, at our discretion, an irrational or
disproportionate burden on our infrastructure;
- to deep-link to
any part of our Platform (including, without limitation, the process of
buying any hotel services) for any purpose without our express written
permission, which we may cancel at any time at our discretion; or
- "frame",
"mirror" or otherwise incorporate any part of our Platform on
any other website without our prior written permission, which we may
cancel at any time at our discretion.
If your activity on our Platform shows
signs of fraud, abuse or suspicious activity, A AMPLITUR may refuse to provide
you services, and close any associated accounts, upon electronic notification
(email) sent to you. If you have carried out any fraudulent activity, A
AMPLITUR reserves the right to take appropriate legal action, and you may be
held liable for damages caused, including court costs and attorney's fees.
To dispute the cancellation of a
reservation, freezing or closure of an account, please contact our Customer
Service at support@amplitur.com .
8. LINKS
Our Platform may contain hyperlinks to websites operated
by parties other than A AMPLITUR. These hyperlinks are
provided for your reference only. We do not control these websites and are
not responsible for their content or for the privacy or other practices of
those websites. These terms will not apply to your use of
any third-party website that you may access through our
Platform. Your use of any third-party website may be
subject to additional terms and conditions, which we encourage you to read
carefully before visiting any such website.
Furthermore, it is up to you to take
precautions to ensure that any links you select or software you download (whether
from our Platform or from other websites) are free from
viruses, worms, Trojans,
defects and other items of a nature destructive. Our inclusion of hyperlinks to
these websites does not imply that there is any endorsement of
the material on these websites or any association with their
operators.
9. INTELLECTUAL PROPERTY RIGHTS
We own or license all intellectual
property rights in our Platform and in the Content (including, without
limitation, price and availability of services) as well as the infrastructure
used to provide such Content. Although you may make limited copies of your
itinerary (and related documents) for bookings made through our Platform, you
agree not to modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works, transfer or sell or resell any
information, software, products, or services obtained from or through this
Platform.
If you copy or use any part of the
Platform in violation of the Terms, your right to use the Platform will
immediately terminate and you must destroy any copies of the materials you have
made.
You agree not to generate automated
page prints or content on the Platform.
11. PRIVACY AND COOKIES
You acknowledge and agree that A
AMPLITUR may collect information about you using Cookies when you use the
Platform or any of its services. A AMPLITUR believes in protecting your
privacy.
Please review our Privacy
Policy. Any personal information that we collect about you while you
browse and use our Platform will be used in accordance with our Privacy Policy,
in accordance with the provisions of the General Data Protection Law (LGPD),
which also governs your use of the Platform and, as stated above, is
incorporated herein by reference.
12. AVAILABILITY
We do not guarantee that our Platform
will always be available, uninterrupted, secure or free from bugs or
viruses, nor that the Platform will be free from errors or omissions.
We will not be liable for any delay or
failure to comply that results from causes beyond our reasonable control,
including, without limitation, any failure to comply due to unforeseen
circumstances or causes beyond our control such as natural accidents, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire,
floods, accidents, strikes, epidemics or other natural disasters, lack of
transportation, fuel, energy, labor or materials, or a failure of public or
private telecommunications networks.
13. OUR LIABILITY IS LIMITED
A AMPLITUR makes no representations
about the suitability of the Content displayed on our Platform for any
purpose. The display on our Platform of a Product, Service, Events, or any
Content, in no way implies, suggests or constitutes any sponsorship or approval
of such Product or such Content by said Provider/Supplier, or any affiliation
between such Providers/Suppliers to A AMPLITUR. All Content and any other
information provided on our Platform is provided as is without warranty of any
kind. A AMPLITUR disclaims all guarantees and conditions that this
Platform, its servers or any e-mail sent by A AMPLITUR are free of viruses or
other components that cause damage. A AMPLITUR hereby disclaims all
warranties and conditions with respect to any Content or any other information
provided on our Platform, including all implied warranties and conditions of
sale.
The Service Providers/Providers
available on the platform are independent of A AMPLITUR and are not agents or
employees of A AMPLITUR. A AMPLITUR is not responsible for the acts,
errors, omissions, representations, warranties, breaches or negligence of any
Provider/Supplier, including injury, death, property damage, or other damages
or expenses resulting from such acts. A AMPLITUR will not be responsible
for any cancellation, overbooking, strike, force majeure or other causes beyond
its direct control. A AMPLITUR does not accept responsibility for
uninterrupted accessibility to our Platform and may carry out technical or
maintenance works on the Platform at your choice.
Under no circumstances will A AMPLITUR be
liable for any direct, indirect, punitive, incidental, special or consequential
damages arising out of, or in any way related to, your access to, display of or
use of this Platform or your delay or inability to access, display or use this
Platform (including, without limitation, your act of relying on opinions
appearing on this Platform; any computer viruses, information, software , related websites ,
products and services obtained through this Platform; or that otherwise result
from the access, display or use of this Platform) whether based on civil
liability, consumer protection statutes or otherwise, and even if A AMPLITUR has
been advised of the possibility of such damages.
The limitation of liability reflects
the allocation of risk between the parties. The limitations in this clause
will survive and will apply even if any specific limited remedy in these terms
is deemed to have failed its original purpose. The limitations set forth
in these terms will survive the termination of your relationship with A
AMPLITUR.
Nothing contained in these terms
excludes, or limits, our liability for:
- death or personal injury
caused by our negligence;
- fraud or false and
fraudulent misrepresentation;
- or any other liability that
cannot be excluded or limited by law;
14. DISPUTE RESOLUTION
A AMPLITUR is committed to user
satisfaction, so if you have a problem or demand, we will try to resolve your
concerns. If we are not successful, you can pursue complaints as explained
in this clause.
You agree to give us an opportunity to
resolve any claims or complaints related in any way to our Platform, any
dealings with our customer service agents, any services or products provided,
any statements made by us, or our Privacy Policy by entering contact our Customer
Service at support@amplitur.com . If we are
unable to resolve your Claims within 60 days, you can go to court.
For consumers, these terms and the
provision of our services will be governed by and interpreted in accordance
with Brazilian law. However, if you are a consumer residing in any other
country you may benefit from the mandatory provisions, and legal rights available
to you under the laws of that country. Nothing contained in these terms
shall affect your rights as a consumer to rely on these mandatory statutory
provisions and local statutory rights.
15. JURISDICTION OF ELECTION
Brazilians courts will have exclusive
jurisdiction over any claim arising out of or relating to a visit to our
website.
These Terms of Use and any disputes or
claims arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of Brazil.
16. COMPLAINTS OR QUESTIONS
If you have questions, complaints or
suggestions about the Platform, please contact us through our Customer
Service by sending an email to support@amplitur.com . We will use our
most reasonable efforts to respond to you promptly.
17. GENERAL PROVISIONS
Our compliance with these terms is
subject to existing laws and legal processes, and nothing contained in them
limits our right to comply with law enforcement or other requests whether
governmental, legal or requirements relating to the use of our Platform as well
as information provided by or collected by us in connection with such use.
These Terms do not create or infer any
rights that are enforceable by anyone who is not a party to these Terms.
We may transfer our rights and
obligations under these terms to another organization, but this fact will not
affect your rights or obligations with respect to them. You may only
transfer your rights or obligations under these terms to another person if we
agree in writing.
If any part of these terms is held
invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions will not be affected or impaired in any way. Our
failure or delay to enforce any provision of these terms at any time does not
result in a waiver of our right to enforce that provision or any other
provisions hereof in the future.
Fictitious names of companies,
products, people, characters, and/or data mentioned on the Platform are not
intended to represent any real individual, company, product or event.
Any rights not expressly granted herein
are reserved.
Regards,
A AMPLITUR team.