TERMS AND CONDITIONS
1. ACCEPTANCE OF THE CONTRACT:
Upon purchase of the tour package, the completion of CRF form, the terms and conditions set forth herein become a binding contract between the purchaser and the operator (Amazon Xtreme Fishing, LLC which from this point will be referred to as "AXF"). Acceptance of this contract occurs when deposit is received by AXF at its office. Purchaser represents by tender of payment that the completed trip itinerary that was prepared for purchaser by AXF has been reviewed and that it meets purchaser's expectations and requests. Location of contract to be performed in Rio Negro, Amazonas – Brazil.
The angling tour package purchased by the purchaser from AXF consists of the "Trip Itinerary" prepared by AXF for pre-paid angling travel and associated services. The itinerary is the written travel schedule listing, scheduled daily activities, and travel services purchased. In the event of a difference between information contained within brochures, websites, magazines and that contained in the official itinerary prepared on AXF stationary, the language of the itinerary shall control. AXF is bound by only the terms and conditions contained in the itinerary it delivers to the purchaser.
A. Confirmation of Travel Arrangements:
Travel arrangements are not confirmed until AXF has received the required Client Reservation Form "CRF" with deposits and purchaser has received formal "Trip Confirmation Notice" from AXF that such deposits have been received.
B. Hotel/Lodge Accommodations:
It is anticipated that the hotel, houseboat and/or lodge accommodations shown in brochures, websites, and other trip literature, will be utilized; however, comparably classified accommodations may be substituted at the time the specific itinerary is prepared. Hotel and/or lodge accommodation classification standards used at the location involved do not necessarily refer to standards used at any other location.
Transfer refers to transportation from one location to another, generally between airport and hotel and/or between hotel and the fishery, and unless otherwise stated on itinerary, refers to a seat in a bus, van, car, plane or another vehicle. The provider of the service shall determine determination of the appropriateness of vehicle(s).
3. RESERVATIONS AND PAYMENT:
To reserve space on any trip package offered by AXF, a non-refundable deposit is required, the amount which varies according to tour packages. Early reservations are essential to guarantee your accommodations for planned date you wish to travel. Reservations made within 90 days of the departure require full payment, and possibly additional charges for expenses incurred due to special mailing, fax charges, etc. Final payment is due 90 days prior to departure. If this final installment is not paid when due, AXF reserves the right to treat the reservation as canceled and trip forfeit. Deposit payments are only accepted via form of a Check, Money Order, and Bank Wire Transfer. Final payment can be made via Visa, MasterCard, Discover, no AmEx (a 3.5% processing fee), or bank wire transfer (Fee of $25 for domestic or $45 for international wire applies).
Purchaser is responsible for selecting a trip appropriate to his or her health, physical abilities and interests. The right is reserved to decline to accept or retain a person as a tour member for any reason, that affects the operation, well-being, the rights, or enjoyment of the other tour members, and a refund of recoverable land tour services, is the limit of AXF’s liability.
5. PRICE OF THE PACKAGE:
The angling tour package price includes all the pre-paid travel services represented by the official written "Price List" provided to the purchaser.
A. All prices are accurate and available at the time of publication. Prices do not include airfare unless otherwise stated in the angling package itinerary.
B. Until full payment is received from purchaser, prices are subject to change, due to fluctuations in tariffs, fuel cost, exchange rates and other factors beyond AXF’s control. If the group falls below the minimum passenger requirement, the trip is subject to change of dates, move to other location, cancellation, or re-pricing.
C. AXF has no obligation to provide purchaser with any information concerning its costs in establishing the price of the tour package.
D. Price does not include charges for airfares, passports, visas, inoculations, liquor and alcoholic beverages, excess baggage charges, trip cancellation or interruption, accident and baggage insurance, or transportation not included in the itinerary, optional tours, items of a personal nature, tips to staff personnel, items not specifically listed as included and international airport departure taxes. If the above items are listed as included in the trip package price, consider them included.
6. CANCELLATION POLICY:
Trip deposits, extra tour activates, products, and balance paid are nonrefundable. We strongly recommend travel insurance. However, if notice is given at least 120 days prior to departure, all monies paid LESS a $1500 trip-rescheduling fee may be applied to the then current retail price for a future trip to the same location. The trip must be taken within 12 months from the date of original trip. Discounted or promotional trip rates are non-refundable.
Travel Insurance: AXF is not in the insurance business, but we recommend Travel Insurance Coverage with a desire to see your best interests protected. It is impossible to know when an unfortunate situation may occur. Travel insurance must be purchased 10-15 days after registering for a trip.
In the absence of exceptional circumstances (such as death), no refunds are given for any unused pre-paid services included in the tour package or any changes made in the itinerary while in-route, including changes in transfer, charters, hotel accommodations, and excursions services. Changes included for services provided by AXF are not subject to refund.
8. IMAGES PHOTOS/VIDEO RIGHTS:
AXF reserves the right, and such right is hereby granted to AXF by the acceptance of these terms and conditions, to use any photographic/video images taken by clients or staff on this trip in any brochure, website or other promotional media on behalf of AXF, any operations it represents, and/or any associated companies.
9. CHANGES IN ITINERARY:
AXF reserves the right to:
A. Make changes or cancellations in services where such changes are made necessary by circumstances beyond AXF's control, including use of different modes of transportation, changing fishing locations, and substituting similar hotel accommodations for those designated in the itinerary.
B. Cancel any trip due to inadequate sign-up, which makes the trip economically unfeasible to operate. In such cases, a full refund of the canceled trip cost, or a credit towards a replacement date is the limit of AXF’s liability.
10. WARRANTY DISCLAIMER:
Fishing will take place in the Amazon Rain Forest. Therefore, no guarantees or warranties, expressed or implied, are made that the tour package will meet all of the traveler's expectations, specifically regarding weather, water levels or fishing conditions, final fishing results.
High Water Policy:
Fishing for peacock bass in the Amazon jungle represents one of the last frontiers in the sport fishing world. As with any such hyper-remote destinations, there can be challenges associated with offering a first-class experience. In the Amazon, water level conditions will, on occasion, present such challenges. The Amazon River annual water level cycles are not a simple equation, even for the most experienced local experts. Normally, high and low water levels here follow a fairly predictable monthly cycle, but climate changes and the effects of stronger or weaker El Nino and La Nina cycles can directly and immediately affect those levels.
Specifically, these El Nino and La Nina events tend to impact the amount of rain in the headwaters of Amazon rivers, which in turn effects the entire Amazon basin. Water levels are important when fishing for peacock bass in the Amazon, as in many other parts of the world, and understanding how to work around them is a key component to our success. Low water does not always result in the best fishing; just as high water is not always the worst thing. More important is to understand where and how to fish as the water fluctuates. The Rio Negro system has more than 1200 kilometers of rivers, tributaries and lagoons from its headwaters down to its merging with the Amazon. This unique and extensive water system allows for incomparable flexibility; This is useful when mitigating less than ideal water conditions. Though the Rio Negro season has been chosen to coincide with the best water conditions annually, it's difficult to predict water levels, and this is one of the risks associated with fishing the Amazon. If you are not comfortable with the risk of the river levels being too high or low during your trip, then it is probably not the trip for you. You will not be refunded for water conditions that may not meet your expectations. AXF cannot predict future weather conditions but keeps updates weekly on conditions of the river to try and foresee drastic changes. In the rare event the water is flood stage, too high to fish on any given week, AXF will notify upcoming groups and do its best to re-schedule your week to a later time, additional fees apply, group majority rules on final decision.
11. AIRLINE / AIRFARE CONSIDERATIONS:
AXF cannot be responsible for any part of the fishing package that might be missed due to flight cancellations or delays of commercial airlines. AXF will make a reasonable effort to assist the Purchaser in transferring to the fishing destination, but Purchaser is responsible for any additional expenses incurred in making this transfer.
AXF its affiliates and all cooperating airlines and agencies act only in the capacity of agents in all matters of transportation and tour operation, and they liability is limited to the terms of the airline tickets and land accommodation contracts. Group organizers, travelers, and tour participants, individual and jointly, release AXF from any and all liabilities and responsibility, know or unknown, present or future, for any and all loss, injury to person, damage to property, or death, or accident, or which may be the result of any delay or change of itinerary, or irregularity connected with the tour packet purchased, which is beyond its control, including by not limited to, acts of God, transportation problems, fire machinery, equipment failure or malfunction, government regulations, war, civil disturbance, labor disputes, riots, thefts, sickness, or weather, and which include all expenses or damages, direct or consequential, claimed or sustained by group organizer, tour participants, or travelers, and waive AXF based on any claim of negligence by any of the suppliers of services included in the tour packet. The passenger tickets shall constitute the sole contract between the airlines and the purchaser of these tickets and/or passenger. All baggage shall be carried at participant’s own risk. Purchaser is solely responsible for obtaining necessary travel documents for the areas visited. This release is binding upon group organizers, tour participants, travelers,
13. CHOICE OF LAW AND VENUE:
All questions of law in any action based upon any claim of breach of this agreement shall be determined in accordance with the laws of the Amazonas State in Brazil as existing at the time of such action. Any action brought by either party based on any claim arising under or as a result of this contract or based on the tour package of which it is a part, shall be brought in a court of competent jurisdiction in Manaus, Amazonas, Brazil.
Revised January 01, 2018