Terms and Conditions

CLAUSE 1 - PARTIES TO THIS AGREEMENT:

1.1 CAPO TRAVEL LLC

1.1.1 CAPO TRAVEL LLC, a company duly registered with the E.I.N: 32-0621041 7345 W Sand Lake RD, STE 210 OFFICE 638, Orlando FL - US 32819.

1.1.2 A private legal entity responsible for the INTERMEDIATION of airline ticket sales through the mileage and loyalty program offered by the airlines. Therefore, it is not responsible for the creation and/or alteration of the rules of the respective airlines.

1.2 THE SERVICE CONTRACTOR OF CAPO TRAVEL

1.2.1 Refers to the acquirer of the airline ticket intermediation services offered by CAPO TRAVEL LLC through its website www.capotravel.com and other platforms connected to CAPO TRAVEL LLC, whether they are an individual or legal entity.

CLAUSE 2 - PLATFORM

2.1. USE OF THE PLATFORM

2.1.1. The information provided on the act of purchase must be accurate and truthful, and by filling out the information, the contractor declares to be responsible and able to respond civilly and criminally for the accuracy of this data.

2.1.1.1. All data entered at the time of purchase of the airfare must coincide with the travel documentation of the passengers who will be traveling. In case there is any discrepancy between the documentation information and the entered data, it is entirely the responsibility of the contractor.

2.1.2. The contractor will be responsible for keeping all information up-to-date and for immediately notifying any changes, especially their contact phone numbers, including, if possible, via WhatsApp, email and physical address for sending purchase alerts, eventual billing documents, and correspondence, facilitating communication.

2.1.3. The contractor is obliged to use CAPO TRAVEL platforms in a way that does not cause any harm to any rights or interests of third parties and CAPO TRAVEL, or in any way that may cause damage, overload, disable, or prevent its regular operation.

2.2. INFORMATION COLLECTION

2.2.1. Capo Travel will take all possible measures to ensure the security of user data, and the management and storage of data necessary for the implementation of the services selected are the responsibility of the respective provider, and it will be up to them to treat and comply with requests for deletion of such data.

2.2.2. By using any of our services, the user is authorizing us to send electronic communications to them by email, text message (SMS), WhatsApp, calls, internet browsers, and promotions.

2.3. RESTRICTION AND ANTI-FRAUD VERIFICATION

2.3.1. If there is suspicion of fraud or any other violation of this agreement, Capo Travel will proceed to verify the data provided by the user during the purchase, causing the postponement and/or suspension until confirmation is obtained. If there is still a discrepancy in the information, Capo Travel reserves the right to cancel the purchase and refuse to provide any further services, thus avoiding any harm to Capo Travel or third parties.

2.3.2. Capo Travel also informs that if any of its domains and social networks are identified with profanity, sexually explicit speeches, hate speech, discriminatory speech, threats or violence, disclosure of personal data, personal attacks against employees or third parties, promotion of illegal activities, websites, emails, and addresses, phone numbers, and credit card information, the necessary administrative and/or judicial measures will be taken.

CLAUSE 3 - SERVICES AND CONTRACTOR'S OBLIGATIONS

3. SERVICES AND CONTRACTOR'S OBLIGATIONS

3.1. Services provided by Capo Travel will only be valid when made available on the platform(s) owned by this company, to complete your purchase request.

3.2. Airline tickets

3.2.1. Capo Travel displays flights from airlines to facilitate your search and help you find the best option for your trip.

3.2.1.2. Airlines are exclusively responsible for updating fares and flight availability. For thisreason, from the request for your purchase until the confirmation of the issuance of your ticket, the airline may update the fare, rules, and the flight may become unavailable. Thus,Capo Travel has no control over the availability and rules of the chosen fare. If this occurs, the contractor may choose three options: 1. Payment of the fare difference. 2. Another flight option, with its exclusive fares. 3. Full refund of the ticket.

3.2.1.2.1. Airlines may also charge fare differences and fees for possible flight rescheduling and cancellation fees. Additionally, they may charge other specific fees stipulated by them.

3.2.2. Impossibility of point accumulation

3.2.2.1. The contractor acknowledges that the ticket(s) purchased through Capo Travel will be issued using third-party airline miles/loyalty program points that allow such an act. Thus, the use of this type of ticket will not generate the possibility of accumulating points in loyalty programs.

3.3. GENERAL OBLIGATIONS

3.3.1. TRAVEL RULES AND DOCUMENTATION

3.3.1.1. It is the contractor's obligation, before requesting services with Capo Travel, whether for themselves or any included passengers, to verify all requirements for circulation and/or boarding for all locations and segments involved in their trip, whether national or international, such as documentation, visas, health surveillance requirements, required vaccines, medical certifications, and any other documents that may be required.

3.3.1.2. If the contractor or any included passenger have any particular health condition, they should also check the requirements for medical certificates or documents with the chosen airline.

3.3.1.3. If the contractor has only purchased an international one-way airline ticket, they should check with the corresponding embassy or consulate before booking the flight for any possible requirements for demonstrating a return ticket, as some airlines may also require this documentation.

3.3.1.4. If the contractor's purchase includes infants or minors, they should check all documentation rules and/or extra fees for boarding in advance.

3.3.2. BAGGAGE

3.3.2.1. Airlines companies: Check the rules and limits of your baggage with the airline or with Capo Travel. Also, when transporting pets, remember to check all requirements and/or availability of spaces for accommodation, check-in, vaccines, and the most varied rules, depending on the destination and connection.

3.3.2.2. In the event of loss or possible damage to your baggage or to the passengers listed in the contractor's purchase, the baggage owner must file a claim with the responsible airline and notify Capo Travel.

3.3.3. AIRPORT CHECK-IN

3.3.3.1. It is the sole responsibility of the contractor to present themselves at the check-in counter of the chosen airline for boarding at least 2 (two) hours in advance for domestic flights and at least 3 (three) hours for international flights according to the day and time indicated in the travel documentation or the schedules changed by the respective airline. 3.3.3.2. If you and/or the passengers listed in the contractor's purchase do not show up for boarding or arrive late, it will be considered a no-show. In these cases, the airline may cancel the reservations without the right to full or partial refund of the amounts paid, or inform about the payment of a fee for the reallocation of the flight according to the availability of the airline.

3.3.4. Capo Travel WAIVES RESPONSIBILITY IN THE FOLLOWING CASES:

3.3.4.1. Capo Travel is subject to the limitations stipulated in these terms and conditions, within the measures of the rules of the airlines, and we are responsible only for damages caused by our company, since our services are limited solely to intermediary services.

3.3.4.2. Thus, Capo Travel cannot control and manage situations such as: no-show of contractors, overbooking, strike, airline bankruptcy or insolvency, i.e., fortuitous event and force majeure or any other event beyond our control.

CLAUSE 4 – PAYMENTS

4. PAYMENT METHODS

4.1. Prices and payment methods are available on our website www.capotravel.com and our other service channels.

CLAUSE 5 - CHANGES OR CANCELLATION OF SERVICES

5.1. GENERAL RULES

5.1.1. Cancellations and changes of services are subject to the specific rules of each airline, flights offered by them, and informed by our service channels.

5.1.2. In case the suspension of payments on the credit card used in the purchase is detected, any of the services to be performed will be immediately canceled. Nevertheless, the contractor will be responsible for Capo Travel losses in cases where cancellations are not feasible without charges/losses.

5.2. AIRLINE TICKETS

5.2.1. Before the conclusion of the purchase, it is up to the contractor to verify the rules for canceling or rescheduling their services on the website www.capotravel.com/XXX or with our customer service team.

5.2.2. Capo Travel acts only as an intermediary for the sale of tickets. After the purchase request, the availability of the selected flight(s) is confirmed by the chosen airline, and if it is no longer available for issuance or is no longer available for the same value by the airline, the contractor will be informed of the available options, such as:

1. Payment of the fare difference.
2. Another flight option, with its exclusive fares.
3. Full refund of the ticket.

5.2.3. Capo Travel and airline websites may experience moments of instability and maintenance. Therefore, some flights may be updated or no longer be found on the platform. In these cases, the contractor must redo their search or contact us.

5.2.4. It will not be possible for the contractor to transfer the ownership of tickets.

5.2.5. The contractor may cancel their airline ticket, and the contract will be duly terminated, observing the rules: Capo Travel only intermediates the purchase and, consequently, this cancellation, and the intermediary fee may be incurred before the conclusion of the purchase, so the amount charged by Capo Travel may differ.

5.2.5.1. The new voluntary cancellation/refund rules of Latam Brazil vary according to the fare in which the ticket was issued, as explained below: Light Tariff: No refund is possible. Plus Tariff: 40% of the ticket value will be refunded. Top Tariff: 100% of the ticket value will be refunded. Plus Premium Economy Tariff: 40% of the ticket value will be refunded.

5.2.6. Capo Travel will charge a service fee for voluntary cancellation/refund requests. For any doubts regarding the charged amounts, our customer service channels will be available 24/7.

5.2.7. The contracting party may not cancel and/or reschedule the ticket, except through the intermediary Capo Travel.

5.2.8. If the contracting party cannot fly at the scheduled time and/or date of the purchased ticket, and if viable according to the tariff type, it is necessary to cancel or request a change up to 48 hours before the flight time. Capo Travel requests this deadline because as an intermediary, it is necessary to have enough time to mediate your request with the airline, and please note that you may be subject to the rules and fees set by the airlines.

5.2.9. If the contracting party wants to change the flight date, it is important to consider that the airlines determines the rules and penalties for such an action.

5.3 REFUND CONDITIONS IN CASE OF FLIGHT CHANGE BY THE AIRLINE

5.3.1. Airlines may change flight conditions, such as dates, itineraries, or schedules. In some cases, flights will be canceled or delayed, and it will be up to the airlines to communicate in accordance with applicable regulations. The contracted party has no control over flight changes. Capo Travel will pass on information about necessary checks with the airlines themselves, available alternatives, and the rules of your tariff and airline availability.

5.3.2. In the case of a flight change by the airline, in which the contracting party does not accept the new flight and date options offered, opting for a refund of the purchased ticket, Capo Travel will charge 10% of the full amount paid by the contracting party and will proceed with the refund of the remaining amount, which is 90% of the paid amount. This is because even if the airline refunds the full amount, Capo Travel has provided all contracted services, offered full support, and obtained the mileage and fees withheld from the moment of ticket purchase until the refund request by the contracting party.

5.4. REFUNDS AND PAYMENT OF AMOUNTS

5.4.1. Refund amounts and payments for services contracted, when applicable, will only be made to the contracting party's bank account for cases paid by bank transfer, Pix or boleto. For cases paid by credit card, the refund will be credited to the credit card holder's account.

5.4.2. In cases where Capo Travel becomes aware of the death/disability of the contracting party, any refundable amounts will only be returned upon submission of documentation proving public representation, such as the deceased's estate.

5.4.3. Refund periods for payments of airfare services are subject to tariff rules and payment methods. In general, the deadline for refund requests is up to 48 business hours, except in cases of some specific legislation.

5.4.4. Possible refunds resulting from credit card payments, in addition to the deadline provided for, must be increased by 90 (ninety) days, depending on the operator and the credit card billing cycle.

5.4.5. In case the credit card holder detects fraud or unauthorized use and payments for various bank operations, it is necessary to verify with their bank and credit card company. Capo Travel only has management of cancellation of values if there is a mistake in our system, otherwise, it will be necessary to manage with your own bank or card operator. Please note that we will make every effort to cancel any services that arise from fraud, which will be possible if the services have not yet been issued or used. If it has already been used, as an intermediary, we will have to cancel according to the rules and fees of the respective services.

5.5. CHARGES

5.5.1. If the contractor or the third party who authorized the use of the credit card cancels any credit card or suspends one or more payments made in the issuance of their services at Capo Travel, the contractor must contact us as soon as possible to regularize this debit, including our service fees since the intermediation was carried out.

5.5.2. Unsettled amounts at Capo Travel within the stipulated period will be subject to extrajudicial or judicial collection by Capo Travel’s extension team, as well as the generation of titles and registration with credit protection agencies.

5.5.3. CAPO Travel will contact the contractor when there is any debit, providing an opportunity for regularization, without generating any titles or registration with credit protection agencies.

CLAUSE 6 PRIVACY

6. PRIVACY

6.1. By making a purchase request, the contracting party agrees to be bound by Capo Travel’s privacy policy, which is also available on the website www.capotravel.com./terms-and-conditions/

CLAUSE 7 CUSTOMER SERVICE OPTIONS

7. CUSTOMER SERVICE OPTIONS

7.1. Communication via Chat, WhatsApp and phone operates 24 hours a day, whether to hire, modify, cancel or reschedule services.

CLAUSE 8 UPDATES TO TERMS

8. UPDATES TO TERMS

8.1. These terms and data protection policies may undergo changes and will be applicable at the time of using the services provided by Capo Travel.

CLAUSE 9 INTELLECTUAL PROPERTY

9. INTELLECTUAL PROPERTY

9.1. Capo Travel stresses that all information and content available through our platform is protected by copyright laws and should not be used in any way other than as established in these terms or with the written authorization of Capo Travel. Images of people or art, private photos, displayed on the platform are owned by Capo Travel and their use by the contracting party or third parties is prohibited.

9.2. Any unauthorized use may violate applicable laws and regulations, and may result in civil and/or criminal penalties.

CLAUSE 10 GENERAL PROVISIONS AND FORUM

10. APPLICABLE LAWS AND FORUM

10.1. These Terms and Conditions are governed by the laws of the Federative Republic of Brazil.

10.1.1. This regulation is governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of conflicts with laws of other states or countries, with the jurisdiction of the Court of the Macaé District, State of Rio de Janeiro, except for claims presented by the contracting party that fall within the legal concept of consumers, who may submit to the jurisdiction of their domicile to resolve any doubts arising from this instrument.

10.2. FINAL CONSIDERATIONS. This term, once signed by the parties, constitutes the complete, final, irrevocable and non-negotiable agreement between them, replacing all previous understandings, commitments, messages via e-mail, chat, phone calls or correspondence related to the subject matter of this contract.