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CLEAR JUDICIAL REGULATIONS

General Terms and Conditions

In order that your vacation meet with your approval we have set up all necessary preconditions. Therefore we itemize our general terms and conditions as follows:

1. CLOSING OF A TRAVEL CONTRACT

By means of binding application, the client requests the operator Miller South America to close a contract for a travel arrangement.
An application may be sent in writing, by facsimile, E-mail or through the Internet. The applicant is further obligated for any and all other passengers included in the reservation, and is responsible for conveying such obligations to each passenger.
The contract is binding upon the acceptance by Miller South America. The acceptance does not require any special form. At the time of or immediately after closing of the contract, Miller South America shall deliver the confirmation of the travel arrangement to the client.

2. PAYMENT

Payment can be made by means of bank transfer, check or credit card (VISA, Mastercard, American Express or Discover).
Upon closing of contract a deposit of £ 100 is due. The balance shall be paid before delivery of travel documents or no later than 30 days prior to the start of the travel arrangement, so that the travel arrangement cannot be cancelled except for the reasons mentioned in items 6.b or 6.
Should the client be late in his partial or total payment, Miller South America has the right, after warning and providing a deadline, to cancel the contract and request indemnity for damages in accordance with item 5.1.
Please note: Special payment conditions may exist for example, for travel by ship/ train and for certain lodgings, etc... These special conditions are supplied together with the offer.

3. SERVICES

The contracted services agreed upon are those found in the description of services in the catalog or in the travel confirmation. The information contained in the catalog is binding for Miller South America. Nevertheless, Miller South America shall expressly state any changes before the closing of the contract and naturally inform the travelers in this respect.
Different services, for example, those contained in other brochures of service providers, as well as special requests that will change the scope of the foreseen services, are only obligatory if expressly confirmed by Miller South America. All extra services provided by our partners, such as, for example, flight only, car rental, outings, hotels, transfers, bus tours and other events, are not services provided by Miller South America.

All prices of the above-mentioned services are available upon request.

4. ALTERATIONS IN SERVICES AND PRICES

4.1 Alterations and divergences in individual services during the travel arrangement from the ones previously agreed upon in the travel contract and that become necessary after closing the contract and have not been effected arbitrarily by Miller South America, are only permitted as long as the alterations and divergences are not considerable and do not cause damage to the entire booked travel arrangement. Possible service claims remain unaltered, as long as there are no defects in the altered services. Miller South America pledges to promptly inform the client of the alterations or divergences of services. In case there is a significant posterior alteration in the basic services of the travel arrangement, the client may cancel the travel contract or request participation in another travel arrangement of the same value in case Miller South America can offer such travel arrangement at no additional cost. If required, the client will be offered a free alternative.

4.2 Miller South America is entitled to alter the price of the travel arrangement agreed upon in the travel contract should there be an increase in transportation costs or in the taxes for certain services, such as harbor or airport fees, or an alteration in the itinerary of the travel arrangement due to differences in the exchange rate, as neither these possible alterations nor those included in the closing of the contract could be foreseen by Miller South America.
In case of a price increase of more than 10%, the client may cancel the travel contract or request participation in another travel arrangement of the same value if Miller South America can offer such travel arrangement at no additional cost.

4.3 Cancellation of the travel contract shall be in writing.

5. CANCELLATION BY CLIENTS, TRANSFERS, REPLACEMENT OF PERSON

5.1 The client may cancel the travel arrangement at any time before it begins. Miller South America shall have access to explanations regarding this cancellation. The client will be requested to explain reasons for cancellation in writing.

In package tours with or without airlines payment conditions shall be
until 30 days before beginning of trip, 20% of total price (minimum of £ 100)
until 22 days before beginning of travel arrangement, 30% of total price
until 15 days before beginning of travel arrangement, 50% or total price
until 8 days before beginning of travel arrangement, 60% of total price
until 4 days before beginning of travel arrangement, 70% of total price
on the 3rd. day before beginning of travel arrangement or non-participation in travel arrangement, 100% of total price.

Special conditions of cancellation exist for certain airlines. These you will receive together with our proposal.
Considering the cancellation, other kinds of travel arrangements will be offered and negotiated in accordance with the same principle for the conditions of the travel arrangement.
In certain cases or, for example, during high season, the conditions for cancellation of hotels, airlines, etc. will be more severe than in the aforementioned cases. In this case, the client shall take on these increased cancellation conditions, also refer to item 2.

5.2 Miller South America is authorized to increase the amounts per passenger in accordance with the cost of a transfer, when requested by the client after confirmation of the period of the travel arrangement, within the validity and terms of the travel arrangement, and availability of alterations during the period of the travel arrangement, as well as destination of travel arrangement, embarkations in another city, accommodation, means of transportation or the decision of another flight category (rebooking):

until 90 days before beginning of travel arrangement, 25 £
until 30 days before beginning of travel arrangement, 51 £

Alterations requested by the client that occur after the time limit may, if their fulfillment is still possible, be made only after cancellation of travel contract in accordance with item 5.1 and by means of a new request.

5.3 Until the beginning of the travel arrangement (as long as the time limit required by the organization is respected), the passenger may request that a third party travel in his place with the rights and obligations that are part of this Contract. Miller South America may refuse the entry of a third party, in case his traveling requirements are insufficient or when his participation is opposed to legal requisites or official regulations.
Upon the entry of a third party in the contract, this person and the traveler (declarer) will be jointly responsible, to Miller South America, for the total price of the travel arrangement and for the additional expenses related to the entry of a third party.

5.4 In order to be protected from unforeseen incidents, we recommend you purchase travel insurance. Information in this regard may be obtained from Miller South America.
5.5 In case the traveler does not use some of the services of the travel arrangement due to early return or for other reasons, Miller South America will make every effort to obtain reimbursement of expenses from service provider. This obligation is not applicable to non-negotiable services or when reimbursement cannot be effected.

6. CANCELLATION AND TERMINATION BY TRAVEL PROVIDER

The Travel Provider / Miller South America may terminate the travel contract before the beginning of the travel arrangement or cancel the travel contract after the beginning of the travel arrangement in the following cases:
a) No observation of time limit
When the passenger during the travel arrangement does not comply with or disrespects the regulations or when he behaves in a manner contradictory to the contract, immediate termination of contract is justified. For this reason, the Travel Provider cancels the contract, retaining the price of the travel arrangement, however, he must reserve the amount spent and also take into consideration the advantages that were used in some manner and that were not used in the list of services.
b) Until 2 weeks before beginning of travel arrangement
When there is a minimum number of participants in the travel conditions for the corresponding travel arrangement, the non-observation of this minimum limit shall be in writing or officially confirmed. In case there is not a minimum number, this must be confirmed officially or in writing when in the conditions of the travel arrangement a minimum number is indicated for the travel arrangement. Nevertheless, Miller South America shall immediately inform upon registry the reasons for the non-occurrence of the travel arrangement and explaining its cancellation.
c) Until 4 weeks before beginning of travel arrangement
When the Travel Provider deems the fulfillment of the travel arrangement to be unreasonable, even after considering all the possibilities, due to the restricted number of bookings, as the costs to the Travel Provider would exceed his financial limits for this travel arrangement. The cancellation by the Travel Provider/ Miller South America is only possible when there are important confirming circumstances and when he has offered the traveler an equivalent alternative.
Should the travel arrangement be cancelled for this reason, the client will immediately be reimbursed for the payment of the travel arrangement, unless an alternative offer is accepted.

7. TERMINATION OF CONTRACT DUE TO EXTRAORDINARY CIRCUMSTANCES

Upon closing of the travel contract there is no provision for complications due to force majeure, risks and impacts, thus both Miller South America/ Travel Provider and the passenger may cancel the contract. If the contract is cancelled, Miller South America/ Travel Provider may request an adequate indemnity for the unfinished or for the conclusion of the travel arrangement and with the addition of its services. Then the Travel Provider shall take the necessary steps to offer to the passengers the prior promotions, especially in case the contract involved a prior promotion. The additional costs of the prior promotions shall be divided between the two parties. In other cases the additional costs are the responsibility of the passenger.

8. RESPONSIBILITIES OF MILLER SOUTH AMERICA

Miller South America is responsible for finding an appropriate travel agent to:
(1) prepare the travel arrangement in a professional manner
(2) carefully choose and supervise the Travel Provider

9. GUARANTEE

Should the travel arrangement not be in accordance with the contract, the passenger may request assistance from our Travel Provider. The Travel Provider may refuse assistance when it involves extremely high cost. The Travel Provider may also give assistance by providing a similar service in the same value.

10. LIMITATION OF RESPONSIBILITY

Miller South America only operates as a seller for various transports (train, airplane, etc.) as well as for lodgings, outings, etc.. Thus its responsibility is limited to the above mentioned points.

10.1 Miller South America is not responsible for injuries, damages, losses, accidents, delays or other incidents such as may be caused by defective transport, force majeure, war, disturbances or others that may eventually appear.

10.2 Miller South America is not responsible for the exactness of the illustrated maps shown in the catalogue. These only show the itinerary of the travel arrangement and are not a trustworthy demonstration. This also applies to photographs, which only show geographical areas that may not necessarily be encountered during the travel arrangement.

10.3 Miller South America is not responsible for the passenger who already obtains or possesses a ticket for an unconfirmed travel date, if the travel arrangement should not take place.

11. COOPERATION IN OBLIGATIONS

The passenger is obliged, in case of disturbances in the services, to act within the scope of official determinations and avoid further damage or keep his distance.
The passenger is especially obliged to address his complaint to the local travel guide. He has instructions to seek all possible help. If the passenger does not point out a defect, there will be no indemnity for the damage.

12. EXCLUSION OF CLAIMS

Claims for non-compliance in the entire travel arrangement shall be presented by the passenger to Miller South America within one month from the foreseen end of the contract. At the end of this period, the passenger may make his claim if he has no debts and was prevented from making them within the time limit.

13. INSTRUCTIONS FOR PASSPORT, VISA AND HEALTH CERTIFICATES

The passenger is personally responsible for obtaining the documents required for the travel arrangement (passport, visa etc.) and health certificates (vaccinations). Information in this regard may obtained at the consulates or at the travel clinics or with a doctor.
Miller South America is not responsible for the timely acquisition of a necessary visa from the various diplomatic representations, even if a passenger of Miller South America has so requested, which means Miller South America has to represent him in the delay.
The passenger himself is responsible for the observation of the main regulations during the travel arrangement. All disadvantages, especially payment of termination costs that may occur due to the non-observation of these regulations, are his responsibility.

14. INEFFICACY OF INDIVIDUAL REGULATIONS

The inefficacy of individual regulations of the travel contract does not affect the total inefficacy of the contract.

15. JURISDICTION

The passenger may only bring action against Miller South America in its head office. For Miller South America to bring action against passengers, the passenger’s residence is the determining factor. The Court of Jurisdiction is located in Ravensburg / Germany.

16. MISCELLANEOUS

16.1 Any reimbursement claims shall be made in writing within 30 days. All the necessary documentation (voucher, ticket) shall be presented with the claim. There will be no reimbursement for services that were not used, lost transfers, tours, etc. This is also valid for flight alterations. Complaints regarding the hotel should be made directly at the hotel or to our Travel Provider.

16.2 Air tickets will be issued after payment. Tickets issued cannot be reimbursed.

16.3 The travel documents (including tickets) will be delivered normally 3 weeks before the beginning of the travel arrangement after payment.

16.4 Some outings have strictly set departure dates. These can only occur with a minimum number of participants. In case this minimum number of participants is not attained, Miller South America will modify the program for a smaller group of participants, offering an alternative tour. In case there is no alternative, there will be a reimbursement in the price of the travel arrangement.

16.5 Hotels and transfers included in the travel arrangement are all booked. There may be alterations due to unforeseen incidents. It is the wish of Miller South America to carry out the travel arrangement as it has been offered, but there may be last-minute problems which may incur in eventual alterations.

16.6 Special requests such as for smokers/ non-smokers, double rooms, special diets, installations for handicapped persons etc., shall be made at the time of booking, but are not totally guaranteed.

16.7 Immediate check-in is an additional service and is not included in price of program. Most hotels offer this kind of service, but it is not guaranteed by Miller South America. If you wish for an immediate check-in, we may arrange it for you with an increase in price.

16.8 Miller South America recommends that you arrive early for embarkation. This facilitates the work of the agency in preparing the travel arrangement. The corresponding hotels may be indicated by Miller South America. Particularly in winter months it is recommended to arrive well in advance, due to climatic conditions, delays or cancellations of flights.

16.9 In special programs, moderate to vigorous activities are available. For this purpose a certain level of physical fitness is required. Please consider these programs and obtain information on the prerequisites. Information about this can be supplied by Miller South America. Miller South America is entitled to exclude any participant from activities if it becomes a danger to him or to the group.

16.10 Depending on the airline selected, some conditions are imposed, such as payment and luggage. This information is supplied by Miller South America or directly by the airline. The passenger is responsible for his own luggage during the travel arrangement.

16.11 The passenger confirms that he has no physical restrictions or handicaps, etc. that may put him/ her or other passengers or the travel arrangement at risk. Miller South America is entitled to exclude these participants from the travel arrangement for the safety of other passengers.

16.12 Please observe that there may appear various risks or dangers during the travel arrangement that are beyond the control of Miller South America. These dangers may occur for example during boat, train, car trips or airplane flights, dangers caused by nature, political disturbances, accidents, illnesses in areas without medical assistance, emergencies. Miller South America does not provide any guarantee as to medical assistance. It is naturally understood that in such cases Miller South America will do everything possible to take the necessary steps.

16.13 For each tour there are only a limited number of individual rooms available, as well as rooms for three persons. Sometimes the use of a room for three persons is more advantageous. This room normally has a double bed and an additional bed. The comfort for three adults in this case is not guaranteed.

Miller South America is exclusively a travel intermediary agent. These services (for example, air flights, accommodation meals, outings, transfers, trips by train or ship, etc.) are not supplied directly by Miller South America. As an agent, Miller South America is not responsible for breach of contract or any acts of negligence, such as omission of responsibility by the Travel Provider, with whom all passengers and participants can place their claims as regards losses, damages, delays or accidents.

Prices and conditions published online shall take precedence.

Miller South America
Millerhof 2
88281 Schlier
Germany

Toll free (0800) 0075 125

www.miller-southamerica.co.uk

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