Terms and Conditions

Terms of Use

Last revised: November 14, 2023

1. General Terms

1.1 Itaway Ecotours, CNPJ 52.781.676/0001-63, registered at the Ministry of Tourism (EMBRATUR) under the same number, located R. Professor Álvaro Rodrigues 284, Botafogo, is a tour operator responsible for planning, organizing, and executing services, as specified by the tour contracted on this Site, even as an intermediary between the Contractor and a third-party supplier. 1.2 Please read the terms carefully as they govern your use of itawayecotours.com and Itaway Ecotours Services (“Itaway Ecotours”/”Company”/”Tour Operator”/”We”/”Us”/”Our”/”Ours”). 1.3 In this contract, the user is referred to as the “Contracting Party”/”Customer”/”Client”/”Traveler”/”Guest”/”You”/”Your”. 1.4 Acceptance of this Agreement by the Contracting Party on the Site confirms his/her full, unconditional, and voluntary agreement with the Agreement.

2. Use License

2.1 Permission is granted to temporarily download one copy of the materials (information or software) on Itaway Ecotours’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Itaway Ecotours’ website;
  • remove any copyright or other proprietary notations from the materials;
  • transfer the materials to another person or “mirror” the materials on any other server.
2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Itaway Ecotours at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Liability Waiver

In exchange for participation in trips organized by Itaway Ecotours, I agree for myself and (if applicable) for the members of my group, to the following: 3.1 I agree to observe and obey all rules and warnings and further agree to follow any oral instructions or directions given by Itaway Ecotours, or the employees, representatives, or agents of Itaway Ecotours, including a change in the itinerary of the trip or the banishment of a trip due to behavior reasons. No refunds will be given and that passenger will be responsible for his/her own travel costs and arrangements from that point. 3.2 I recognize that there are certain inherent risks associated with the activities organized by Itaway Ecotours and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Itaway Ecotours for injury, loss, or damage arising out of my or my family’s presence upon the activities of Itaway Ecotours, whether caused by the fault of myself, my family, Itaway Ecotours or other third parties. 3.3 I assure that I am (and my group) physically fit and in a condition that will allow us to participate fully in the activity(ies). I (and my group) maintain medical insurance that covers me and my group for accidents and illnesses while participating in the tour(s). I understand that Itaway Ecotours has not made, nor will make, any investigation into my physical fitness or ability to participate in the activity. 3.4 The Contracting Party (and any accompanying persons) hereby declares that it has previously informed Itaway Ecotours of any relevant pre-existing medical condition. We are not responsible for the omission of information by the Contracting Party. 3.5 The Contracting Party (and any accompanying persons) is aware of the risks inherent in the trips, such as: 3.5.1 Slips, abrasions, scratches, dehydration, heatstroke, drowning, insect bites, venomous animals, among others; 3.5.2 Minor, serious, serious injury and/or death by accident, equipment misuse, or failure to comply with the guidelines of Itaway Ecotours or its team; 3.5.3 Damage or loss of equipment and personal belongings, such as cameras, telephones, sunglasses, prescription glasses, jewelry, documents, among others, used or carried during the activity. 3.6 It is mandatory the use by the Contracting Party (and any accompanying persons) of safety equipment provided by Itaway Ecotours when necessary. Failure to comply with this item exempts the Company from any legal liability. 3.7 I agree to indemnify and defend Itaway Ecotours against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Itaway Ecotours. 3.8 Any legal or equitable claim that may arise from participation in the above shall be resolved under Brazilian law. 3.9 I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. 3.10 Itaway Ecotours shall not be responsible for any kind of loss, accident, incident, sickness, or injury. It is advisable that the traveler should avail of travel insurance as there can be chances of potential risks and hazards. Also, by booking this tour the traveler declares that him/her and/or his/her group is/are mentally and physically able to participate. 3.11 Itaway Ecotours offers a partial or full refund if the trip cannot happen due to weather circumstances, security concerns and/or any other event which could affect the safety and the integrity of the group. The Itaway Ecotours Agent has the sole right to determine when an activity can not happen. In this case, the Contracting Party will have the choice between a full refund or rescheduling the trip to another date. Once the trip has started, no refunds will be provided. 3.12 The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

4. Operations

4.1 Booking a Trip

4.1.2 For trekkings expeditions and multi-day tours, Itaway Ecotours can only guarantee the fulfilments of bookings made 7 days before the desired date. 4.1.3 To book a trip, travelers should schedule it directly through the website or via Email/WhatsApp, following Itaway’s Agent orientation, and pay the full amount upfront. 4.1.4 Solo travelers must contact us prior to booking so we can try to place him/her within an existing group. If there is no availability, Itaway Ecotours will offer a full refund or reschedule the trip without additional charge. 4.1.5 Each trip, tour, activity, or expedition has inclusions and exclusions on the product’s page.

4.2 Trips

4.2.1 A trip refers to any product itinerary or activities that the Contracting Party buys with Itaway Ecotours including Trekking, Tours, Expeditions, multi-day tours, city tours, and/or other adventure or tour programs. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email or WhatsApp message. It is at this point that a contract between the Company and the Contracting Party comes into existence. 4.2.2 The trip duration is an estimate and depends on the group’s physical capacity and size, weather conditions, traffic, weekday, time of the year, and other variables. 4.2.3 The trip starts at the moment of pick-up or when the Itaway Ecotours guide initiates the tour. The trip ends at the drop-off or when the group is back to the meeting point. 4.2.4 Itaway Ecotours is not responsible for the wrong information given by the Contracting Party (desired trip date, pick-up address, etc.). The Contracting Party has the entire responsibility of providing the correct information. The client will have no right to a refund if the wrong information is given to us.

5. Payments

5.1 Itaway Ecotours accepts the following payment methods: credit and debit card, cryptocurrency, national bank transfer (Pix, TED/DOC), and international bank transfers (SWIFT and SEPA). 5.2 Itaway Ecotours accept 175 different cryptocurrencies, such as BTC, ETH, DOT, BNB, SOL, ADA, USDT, USDC, BUSD, etc. 5.3 If the Contracting Party wishes to pay using SWIFT and SEPA methods, he/she should contact an Itaway Agent in advance. Itaway Ecotours’ shall not be responsible for eventual fees applied by third-party payment methods. These transfer methods may take several working days to be credited into the Company’s bank account. 5.4 Itaway Ecotours’ third-party payment partners are Stripe and Coin Payments. The contracting party acknowledges and agrees that by booking a tour, he/she agrees with the third-parties data and cookie policy, terms, and conditions. 5.5 Rates are quoted in Brazilian Real (BRL) and are subject to change. It is the responsibility of the client to keep updated with any changes. 5.6 For trekking expeditions and multi-day tours, final payments must be received 15 days prior to the trip start date.

6. Cancellation

6.1 By the Company

6.1.1 Itaway Ecotours reserves the right to cancel any trip, including guaranteed tours or activities, prior to departure due to reasons beyond its control (i.e. natural disasters, weather circumstances, security concerns, strikes, industrial action, wars, riots, sickness, health issues, government intervention or other untoward occurrences). In such cases, Itaway Ecotours will refund the trip price or offer a rescheduling, or the Contracting Party is entitled to take an alternative trip of the same value. 6.1.2 The Company is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of a booking cancellation such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking, or other fees, loss of earnings, etc. 6.1.3 Itaway Ecotours can cancel any activity or tour if the reservation is done less than 24 hours prior to the tour date. 6.1.4 For trekkings and expeditions, Itaway Ecotours can cancel the activity if the reservation is done less than 15 days prior to the tour date. 6.1.5 Every cancellation, independent of the cause, will be notified via email or WhatsApp to the Contracting Party.

6.2 By the Contracting Party

6.2.1 The Contracting Party cannot cancel a trip based on his/her own assumption that the weather represents a risk, or simply because he/she wishes to do the trip on a sunny day. If customers cancel the trip right before it starts or less than two days prior to the tour date, we reserve the right to retain the full deposit paid. 6.2.2 In an event of illness or any other type of problem or emergency that may prevent the Contracting Party from participating in the tour, the same rules will be applied and no refund will be given, if the attempt to canceling the trip happens two days or less prior to the tour date. 6.2.3 Refunds cannot be given for tours and activities canceled within two days of the tour date for any reason. We highly recommend travel insurance as we cannot refund for canceled/missed flights, illness, etc. Travel insurance should be hired by the Contracting Party before any trip. If a tour/activity is canceled by the Contracting Party within 5 days and the Contracting Party has travel insurance that covers cancellations, Itaway Ecotours shall not be responsible nor charged for any extra cost or paperwork. This process regards exclusively the Contracting Party and the Insurance company hired previously. 6.2.4 For expeditions, all sales are final and incur 100% cancellation penalties. We highly recommend that the Contracting Party hires a Travel Insurance which covers cancellations. The terms from 6.2.3 are also applied. 6.2.5 Any cancellation request, independent of the cause, has to be notified via email or WhatsApp to Itaway Ecotours. The cancellation is accepted and becomes definite only from the date when the Contracting Party sends the message and if it respects the terms and conditions from section 6.2.

7. Refund

7.1 In case of cancellation, accommodation fees, credit and debit card fees, services fees, tickets fees, meals fees, transportation fees, and any other fee involving the operation will not be reimbursed. 7.2 Itaway Ecotours offers a partial or full refund in the following cases: 7.2.1 Once the trip has started, no refunds will be provided. 7.2.2 If the Contracting Party requests a refund for any reason, within the acceptable time listed below, under the Notice of Cancellation section, section 6. 7.2.3 If the Contracting Party makes double payment to Itaway Ecotours for the services because of technical issues. In this case, a full refund will be provided for the second payment. 7.2.4 If the trip cannot happen due to weather circumstances, security concerns, and/or any other event which could affect the safety and the integrity of the group. the Itaway Ecotours Agent has the sole right to determine when an activity can not happen. In this case, the Contracting Party will have the choice between a full refund or rescheduling the trip to another date. Once the trip has started, no refunds will be provided. 7.2.5 If the trip cannot happen due to a logistic problem (mechanical failure with our vehicles during pick up), a sudden illness that may prevent the tour guide from guiding the trip, or any other similar event that may prevent the Company from operating the trip. In this case, the Contracting Party will have the choice between a full refund or rescheduling the trip to another date. 7.2.6 If some kind of accident happens during a trip, or any issues or discomfort that customers may feel during the trip, that can justify the request as compensation for the problem caused. In this particular case, customers must report it to our office no later than 48 hours after the event, via e-mail only. If it is proved, after we analyze the case, that an issue with safety or any discomfort was caused by a member of our staff, a refund will be issued. Whether in these cases, a full or a partial refund will be issued, will depend on the circumstances and how our office staff will judge the case. 7.3 Refunds are paid within 30 days, once the request is approved by us. Transfer fees may apply and transaction delays will depend on the third-party payment provider or your bank. 7.4 No refunds will be issued if the Contracting Party does not show up on time for the trip. The delay tolerance is 10 minutes for any trip. 7.5 Please note that no refunds will be made if the Contracting Party voluntarily leaves a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transportation, sightseeing, meals, or services not utilized. 7.6 Notice of Cancellation. The following refunds apply for all trips except trekkings expeditions:
  • A cancellation fee of 100% is charged if canceled three days or less before the event.
* Refunds are related to the amount paid as a deposit and not with the full price of the trip (except for trekkings, expeditions, multi-day excursions, and transportation services). * For trekkings and expeditions, Itaway Ecotours does not offer refunds. We highly recommend that the Contracting Party hires a Travel Insurance which covers cancellations for such cases. Itaway Ecotours does not provide nor recommend such service.

8. Rescheduling

8.1 All requests for date changes to a booking must be made by e-mail or WhatsApp from the person who submitted the booking originally. 8.2 The Contracting Party may request to reschedule a trip up to three days before the trip, at no additional charge. Requests to reschedule within three days of the activity cannot be accommodated. Please note that requests asking for doing a trip on a sunny day fall under this category. This does not apply to trekkings, expeditions, multi-day excursions, and transportation services.

9. Image Use Rights

The Contracting Party allows all images (photos and videos) taken during the activity or tour by the Itaway Ecotours team to be used for commercial, marketing, and/or another purpose. The Contracting Party surrenders any rights to charge or claim for the use of these images.

10. Travel Insurance

Adequate and valid travel insurance is compulsory for all travelers. Your travel insurance must cover accidents, injury, illness, and death expenses, including any related to pre-existing medical conditions, and personal liability. The Company also recommends it covers trip cancellation, curtailment, loss of luggage, and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by the company or suppliers. The company reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your trip, with no right of refund, if you are unable to provide proof of insurance when requested.

11. Flight Delays and Changes in the Itinerary

11.1 Please note that outdoor adventures are always unpredictable. Bad weather in mountain regions can cause domestic flight delays. In case of delayed domestic flights, Itaway Ecotours will not meet departing city accommodation and food costs prior to your trip. In case of delayed return flights, the client is responsible to bear all additional expenses including food and accommodation costs. If you wish to make alternative arrangements such as Helicopter flights to avoid flight delays, all additional costs would be your responsibility. Moreover, Itaway Ecotours does not accept any responsibility for costs incurred as a result of a missed international flight but would assist to make alternative arrangements whenever possible. Please also note that while on the trek, we may have to make changes to the itinerary due to unforeseen circumstances. 11.2 The itinerary of any tour, expedition, or multi-day tour is subject to change at any time due to weather, road conditions, and unforeseen events. Such a decision is taken by the Itaway Agent and the Contracting Party understands and agrees that such change might be necessary in case of unforeseen events or weather conditions.

12. Services Missed or Unused

12.1 There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour i.e. sickness, death of a family member, etc. late arrival on the tour or premature departure either voluntary or involuntary. 12.2 The delay tolerance for any tour is 10 minutes. Guests that arrive after that won’t be able to take part in the tour.

13. Complaints

If you have any complaints about the Site or the Service, we want to hear from you so we can improve our service. Please e-mail us at info@itawayecotours.com and we will consider your comments carefully.

14. Minors

Minors should always be accompanied by a parent or legal guardian. Brazilian law establishes that the legal age of the majority is 18 years old.

15. Transportation

15.1 The transportation for the trips is only provided when specifically described on the product page or by Itaway Ecotours agents or when requested (with an additional payment) by the Contracting Party. 15.2 The transportation offered by Itaway Ecotours is limited to pick ups and drop offs in Rio de Janeiro’s South Zone (Copacabana, Ipanema, Leblon, Lagoa, Jardim Botânico, Gávea, Botafogo). For pick-ups and drop-offs in other areas of the city, an extra fee will be charged.

16. Third-party suppliers

16.1 The tour operator is not liable for third-party suppliers. The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third-Party Suppliers”) to provide you with some or all of the components of your booking. Third-Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers, and therefore cannot be responsible for their acts or omissions. 16.2 Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets, and vouchers, and international conventions and agreements that govern the provision of their services. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. 16.3 The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs, or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress, or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees. 16.4 The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.

17. Optional Extras

17.1 “Optional Extras” refers to any activity, transportation, meal, product, or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras. 17.2 You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

18. Website

18.1.1 All information on the Site is available in English. By accepting the Agreement the User agrees to use the Site in English, and Itaway Ecotours does not bear any responsibility for translation or in connection with the User’s incorrect understanding of the English language. 18.1.2 Where any discrepancy arises between the translated and the original English versions, the English version shall prevail.

18.2 Accuracy of materials

18.2.1 The materials appearing on the Itaway Ecotours website could include technical, typographical, or photographic errors. Itaway Ecotours does not warrant that any of the materials on its website are accurate, complete, or current. Itaway Ecotours may make changes to the materials contained on its website at any time without notice. However, Itaway Ecotours does not make any commitment to update the materials.

18.3 Links

18.3.1 Itaway Ecotours has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Itaway Ecotours of the site. Use of any such linked website is at the user’s own risk.

19. Updating Terms and Conditions

Itaway Ecotours reserves the right to update and amend these terms and conditions at any time. It is the responsibility of the client to keep updated with any changes. The current terms and conditions will always be found on the website itawayecotours.com and will be the terms referred to in any dispute.

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