This Term of Use ("Term") establishes the general conditions for accessing and using the website www.foradarota.com.br and www.foradarota.com ("Website"), owned by GJ Empreendimentos Ltda, a private legal entity, registered under CNPJ No. 49.682.053/0001-29 ("Fora da Rota"), and governs the use of its services, including, but not limited to, accommodations, transportation, car rentals, tours, tickets and travel insurance.
By accessing or using the Website, the user ("User") accepts the conditions described in this Term. If the User does not agree with any clause, they must refrain from accessing or using the Website's services. We recommend that you carefully read all the provisions below before making any reservation or contract.
1. Definitions
For the purposes of this Term, the following definitions are considered:
- 1.1 Website: Digital platform where travel-related services are offered, such as accommodations, transportation, vehicle rentals, tourist excursions, attraction tickets and travel insurance.
- 1.2 User: Natural or legal person who accesses and uses the Website to consult, acquire or contract the services offered.
- 1.3 Services: Products offered by the Website, including, but not limited to, hotel reservations, air/land tickets, vehicle rentals, tickets for tourist attractions and travel insurance.
2. Acceptance of Terms
2.1 By accessing the Website and using its services, the User declares that:
- They have read, understood and fully accepted these Terms of Use;
- They have legal capacity to contract the services offered;
- They will provide true and updated information during the reservation process.
2.2 If the User does not agree with the provisions of this Term, they must immediately cease using the Website.
2.3 The Website reserves the right to modify these Terms at any time, and the User is responsible for checking for possible updates.
3. Services Offered
3.1 The Website acts as an intermediary in the commercialization of third-party services (hoteliers, airlines, vehicle rental companies, tour operators, insurers, etc.). Therefore, we are not responsible for any changes, cancellations or problems directly related to the service providers contracted.
3.2 The specific conditions of each Service (such as modification policies, cancellation policies, baggage, check-in/check-out, etc.) are the responsibility of the suppliers and will be informed during the User's purchase process.
3.3 The User must verify the specific rules of each product before contracting.
4. User Obligations
4.1 The User commits to:
- Use the services offered on the Website in accordance with Brazilian laws, intellectual property rights and the provisions of this Term.
- Provide truthful, correct and complete information when filling in the data requested when using the services.
- Be responsible for all activities performed on their account on the Website, including, but not limited to, unauthorized access, misuse of data and contracts made.
- Keep their password and access data to the Website secret, being responsible for any act performed with their account.
- Observe the specific policies of each product or service contracted, including cancellation, refund and modification policies, as well as elements included or not included in the Services acquired.
- Use the website only for lawful purposes, without fraud or bad faith;
- Not reproduce, distribute or commercialize website content without authorization;
5. Fora da Rota Obligations
5.1 Fora da Rota commits to:
- Offer services according to the descriptions presented on the Website, at the time of purchase, ensuring that the products acquired are delivered or provided as contracted, except in cases of force majeure or fortuitous event.
- Protect the User's personal data, in accordance with current personal data protection legislation, including Law No. 13.709/2018 (General Personal Data Protection Law - LGPD).
- Make available to the User a Website service channel to clarify doubts about the Website, purchase process or Services offered.
- Facilitate support and emergency contact for each Service contracted by the User. Contact instructions will be described in the confirmation email sent to the User.
6. Contracting Services
- 6.1 To contract any service on the Website, the User must follow the navigation instructions and complete the purchase or contract on the Website itself, including providing payment data, when necessary.
- 6.2 The contracting of services will be considered completed after payment confirmation and sending a confirmation email to the User.
- 6.3 The Website reserves the right to modify service prices, being able to do so without prior notice, respecting, however, the agreed value for purchases already made.
- 6.4 The values shown on the website are subject to changes until the reservation is completed.
- 6.5 The Website does not guarantee the availability of promotional prices after abandoning the shopping cart.
- 6.6 Accepted payment methods: credit cards and Pix.
- 6.7 Behavior analysis and validation will be performed with issuing banks and external anti-fraud services to evaluate the approval of purchases made by the User. Fora da Rota reserves the right to deny purchases it considers suspicious of fraud.
- 6.8 Fora da Rota reserves the right to create and disclose promotions and reward programs that may be used by Users to acquire Services at differentiated prices. Each promotion or reward program will have its specific regulations disclosed separately.
7. Cancellation, Refund and Modifications
- 7.1 The User may request the cancellation of services acquired, according to the cancellation and refund policy of each service provider or according to the conditions established on the website itself, taking into account the deadlines and conditions previously informed.
- 7.2 Fora da Rota may, at its sole discretion, make adjustments to information about availability and prices of services offered, without prejudice to User rights in already signed contracts.
- 7.3 Fora da Rota reserves the right to cancel or modify reservations in case of fraud, error or other exceptional circumstances.
- 7.4 No-show to a contracted Service will result in a 100% penalty, with no right to any refund or rescheduling.
8. Liability
- 8.1 Fora da Rota is not responsible for any failure in the provision of third-party services, such as accommodation providers, carriers, vehicle rental companies, tourist service providers or insurance, except in case of proven direct negligence on its part.
- 8.2 The User acknowledges and accepts that the use of the Website is at their own risk, and Fora da Rota is not responsible for damages, losses or losses caused by technical failures, viruses or any other reason that interferes with the operation of the Website.
- 8.3 The User is responsible for verifying all necessary documentation for travel (visas, vaccines, passports, etc.).
- 8.4 Fora da Rota is not responsible for lost objects, thefts, robberies or any accident that occurred during, or due to, the trip.
- 8.5 Fora da Rota is not responsible for fortuitous events or force majeure (such as natural disasters, strikes, pandemics).
9. Intellectual Property
- 9.1 All intellectual property rights, including, but not limited to, content, images, texts, trademarks and logos contained on the Website are the exclusive property of Fora da Rota or its commercial partners.
- 9.2 The User may not reproduce, copy, distribute or create derivative works from any Website content without prior written authorization from Fora da Rota.
10. Content about Tourist Destinations
- 10.1 The Website also offers content related to tourist destinations, including, but not limited to, tips on places to visit, activity recommendations and general information about different locations.
- 10.2 The User acknowledges that the content available on the Website, especially in the sections of recommendations and tips about tourist destinations, may have been created with the help of artificial intelligence (AI) technologies and/or by external sources.
- 10.3 Fora da Rota strives to keep information up to date; however, the content available on the Website may become outdated over time, due to changes in local conditions, new information or evolution of tourist destinations. The User should always verify the currency of information before making decisions based on it, and Fora da Rota is not responsible for any damage caused by outdated or inaccurate content.
- 10.4 The content provided on the Website is for informational and guidance purposes, and Fora da Rota is not responsible for guaranteeing the accuracy or completeness of information, nor its applicability or suitability to each User's specific needs.
- 10.5 Fora da Rota reserves the right to modify or remove any website content at any time, without prior notice.
11. Privacy and Personal Data Protection
- 11.1 Fora da Rota commits to processing the User's personal data in accordance with the General Personal Data Protection Law (Law No. 13.709/2018), adopting security measures for the protection of personal data provided by the User.
- 11.2 The privacy policy is available on the Website separately and these Terms of Use follow the privacy definitions described therein.
- 11.3 By accepting the Website's Terms of Use, you are also accepting the privacy policy.
12. Modification of Terms
- 12.1 Fora da Rota may modify this Term of Use at any time, by publishing an updated version on the Website. The date of the last update will be indicated at the beginning of this document.
- 12.2 The User accepts that continued use of the Website after any modification will imply acceptance of the new terms.
13. Applicable Law and Jurisdiction
- 13.1 This Term of Use shall be governed and interpreted in accordance with the laws of the Federative Republic of Brazil.
- 13.2 The jurisdiction of the district of Florianópolis, State of Santa Catarina, is elected to settle any dispute arising from this Term, with waiver of any other, however privileged it may be.
14. General Provisions
- 14.1 This Term does not generate any partnership contract, mandate, franchise or employment relationship between Fora da Rota and the User.
- 14.2 If any clause of this Term is considered null or unenforceable, the other clauses will remain in force.
- 14.3 Failure by either party to exercise any clause of this instrument shall not imply waiver of that right or acceptance of non-compliance, and may be exercised at any time.