General Travel Conditions
Our general travel conditions listed here set the foundation for our professional and trustworthy cooperation in planning your trip to Costa Rica with ARA Tours.
- RESERVATIONS & BOOKING CONFIRMATION
- When using online travel reservations, the customer makes a binding travel contract with ARA Tours.
- This contract legally comes into effect with the written booking confirmation by ARA Tours.
- The customer (applicant) is responsible for all contractual obligations of all travelers for whom the booking is made.
- PAYMENT AND TRAVEL DOCUMENTS
- Payment for bookings is made with the online travel reservations by credit card.
- Any possible bank or credit card fees for payments are to be paid by the customer.
- ARA Tours provides the customer with general information to prepare for the trip using an online hyperlink; the respective link will be emailed with the booking confirmation.
- The information in this document is prepared to the best of our knowledge. However, since individual terms or partial aspects of the trip may change, no guarantee can be given for the year-round validity of this information.
- Specific travel documents (including FlexiVoucher) will be handed over to the customer upon arrival by the ARA Tours airport guide or, if no airport transfer has been booked, they will be left with the car rental provider.
- SERVICES & SERVICE DESCRIPTIONS
- The services that are contractually agreed to can be found in the service descriptions at www.flexivoucher-costarica.com, and also in the information in the booking confirmation that refers to this.
- All information included in the travel description is binding for ARA Tours. However, ARA Tours expressly reserves the right to declare a change in the service description prior to the conclusion of the contract for objectively justified, substantial and unpredictable reasons, about which the traveler will be informed at the moment of the booking confirmation.
- CHANGE OF SERVICES & PRICES
- Changes or deviations of single travel services from the agreed upon content of the travel contract, which become necessary after the finalization of the contract and which were not caused by ARA Tours against good faith, are only permitted if the changes and deviations are not significant and the overall plan of the booked travel is not affected. Any warranty claims remain in effect if the changed services are deficient. ARA Tours is obliged to notify the customer about changes or deviations in services immediately. If necessary, the customer is offered a free rebooking or a free cancellation.
- ARA Tours may charge a price increase of up to 5% of the total travel price if there are at least 4 months between the finalization of the contract and the commencement of the trip, and there are provable increases in transport costs, official charges for certain services, or a change in currency exchange rates. Price increases based on the abovementioned circumstances are only permissible to the extent that the increase in transport, services or exchange rates has a concrete effect on the price of the trip.
- In the case of a subsequent change in the travel price or a subsequent change of a significant travel service, ARA Tours must inform the traveler immediately. Price increases after the 20th day before departure are not allowed. In the case of price increases of more than 5%, or in the event of a significant change in an important travel service, the traveler is entitled to withdraw from the travel contract without any fees.
- The traveler must assert these rights immediately after the notification by ARA Tours about the price increase or change of the travel service.
- WITHDRAWAL OR CANCELLATION BY THE TRAVELER, REPLACEMENT OF TRAVELING PERSONS, SERVICES NOT TAKEN
- The traveler may withdraw from the travel contract at any time prior to departure.
- If the traveler withdraws from the travel contract or does not start the trip, ARA Tours will claim for compensation for travel arrangements and expenses as follows:
Until the 31st day before departure, a 50 USD processing fee;
From the 30th to the 15th day before departure, 50% of the total price of the trip;
From the 7th day before departure, 100% of the total price of the trip.
- Up until the start of the trip, the traveler may request that in his/her place a third party enters into the rights and obligations of the travel contract and takes part in the trip.
- If the traveler does not use individual travel services, no refund will be made.
- WITHDRAWAL & TERMINATION OF THE CONTRACT BY ARA TOURS
- ARA Tours may withdraw from the travel contract before the start of the trip, or terminate the travel contract after commencement of the trip, in the following cases:
- If ARA Tours receives notice, prior to the trip, of important reasons as to why the traveler may have a disruption of the trip, the agreements in the section "WITHDRAWAL BY THE TRAVELER, REPLACEMENT OF TRAVELING PERSONS, SERVICES NOT TAKEN" apply without a time limit.
- If the traveler persistently behaves inappropriately in such a way that it interferes with the execution of the trip, regardless of a warning from ARA Tours, or if he/she behaves 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 in terms of physical fitness or due to health impairments. Despite a cancellation by ARA Tours, a claim to the travel price still exists.
- ANNULMENT OF THE CONTRACT DUE TO EXCEPTIONAL CIRCUMSTANCES
If the trip is made considerably more difficult, there is endangerment or impairment as a result of unforeseeable force majeure after the finalization of the contract, both ARA Tours and the traveler may terminate the contract. If the contract is terminated, ARA Tours may demand reasonable compensation for travel services already rendered or to be rendered until the end of the trip.
- LIABILITY OF THE DESTINATION AGENCY
- ARA Tours is liable for reasonable due diligence for the successful execution of conscientious travel preparation, the careful selection and monitoring of service providers, the correctness of the travel description, and the proper rendering of contractually agreed-upon travel services.
- ARA Tours is responsible for any deficiencies of the persons entrusted with the provision of services.
- Remedy: If the trip is not carried out in accordance with the contract, the traveler can demand remedy. ARA Tours can refuse the remedy if it requires a disproportionate effort. ARA Tours can also remedy the situation by providing an equivalent replacement.
- Reduction of the travel price: In the case of the non-completion of a provision of the trip, the traveler can demand a corresponding reduction in the travel price. The price of the trip must be reduced in proportion to the value of the complete service at the time of the sale, compared to the real value of the service received. No reduction occurs if the traveler, through his/her own fault, fails to report the problem.
- Cancellation of the contract: If a trip is significantly altered due to a problem and ARA Tours does not remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the scope of the legal provisions, in his/her own interest and for reasons of evidence provided by written declaration.
- The same applies if the traveler cannot reasonably be expected to travel due to a problem resulting from an important reason that is recognizable by the tour operator. The determination of a time limit for the remedy is only waived if the remedy is impossible or rejected by ARA Tours, or if the immediate termination of the contract is justified by a special interest of the traveler. In this case, the traveler owes ARA Tours the portion of the travel price for any services used.
- Damage compensation: The traveler may demand compensation for non-performance, without prejudice, unless the issue of the trip is due to a circumstance for which ARA Tours is not responsible.
- LIMITATION OF LIABILITY
- ARA Tours’ liability for damages that are not personal injuries is limited to three times the travel price, as far as ARA Tours is responsible for the damage caused to the traveler solely because of a fault of a service provider. ARA Tours is not liable for any performance disturbances in connection with services that are solely provided as external services (e.g., optional activities) and explicitly marked as “optional” in the itinerary. This also applies in the event that an "ARA Tours tour guide" participates in the event.
- A claim for damages against ARA Tours is limited to the extent that under international conventions or statutory provisions it applies to the services to be provided by a service provider. A claim for damages against the service provider can be made only under certain conditions or restrictions, and can be excluded under certain conditions.
- The traveler is obliged to do everything reasonable in the event of a breakdown in performance, in order to help remedy the incident and to minimize the damages suffered by all concerned.
- The traveler is obliged, specifically, to immediately communicate his/her complaints to the tour guide or to the office of ARA Tours. ARA Tours is ordered to provide remedies, if possible.
- The tour guide is not entitled to make statements on claims for damages.
- If the traveler is at fault for failure to report an issue or problem, the right to reduction in the travel price does not apply.
- EXCLUSION OF CLAIMS AND LIMITATION OF LIABILITY IN TIME
Claims for non-contractual provisions of the trip must be made by the traveler to ARA Tours within one month of the contractually agreed termination of the trip. After expiry of the period, the traveler can only assert claims if he/she has been prevented from adhering to the deadline without fault. In the traveler's own interest, all communication should be sent by email or delivered directly to the entrance of ARA Tours. For later incoming claims, any liability is excluded.
- PASSPORT, VISA AND HEALTH RULES
All travelers must be personally responsible for complying with passport (federal identity card, passport, visa, etc.), entry, vaccination, foreign exchange, and customs regulations. All issues or problems, in particular the payment of cancellation costs, which arise from any non-compliance with these regulations, are at the traveler’s expense.
- NULLITY OF INDIVIDUAL TERMS
The nullity of individual terms of the travel contract does not result in the nullity of the entire travel contract.
- APPLICABLE LAW AND JURISDICTION
Contractual and legal relationships between the traveler and ARA Tours are determined by Costa Rican law. The place of jurisdiction for complaints of the traveler against the destination agency is San José, Costa Rica. For complaints by ARA Tours against the traveler, the domicile of the traveler is decisive.
- DESTINATION AGENCY
The booked travel is provided by ARA Agencia de Viajes Internacional S.A. (commercial name: ARA Tours).
San José, Costa Rica
Frente Universidad La Salle
10108 San José, Costa Rica
Last actualization: 17 September 2018