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Terms& Conditions

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Terms and Conditions

Effective date: November 5, 2018

About

This document sets out the general terms and conditions of Latin Discoveries (referred to here as "us", "we", "our", “the travel agency”) services (referred to here as “tours”) proposed to the traveler (referred to here as “traveler”, “you”).

All Latin Discoveries tours are operated by our mother-brand’s Gaston Sacaze offices located in Argentina, Bolivia, Brazil, Chile, Ecuador and Peru.

This page informs you of our policies regarding the booking and the payment of the services we provide. It also explains in detail our responsibilities as travel agency, your responsibilities as traveler, as well as our liabilities and its limitations.

This page does not set out our Website and Privacy Terms. If you are looking for information about our Privacy Terms, please visit our Website and Privacy Policy page.

Agreement

By booking a tour with Latin Discoveries, you and your party, commit to read, understand and respect all the Terms and Conditions stated hereafter. You agree that those Terms and Conditions will apply to how we handle services, bookings, payments and disputes.

Changes

We may update our Terms and Conditions at any time for any reason. We will notify of any changes by posting the new Terms and Conditions on this page and update the "effective date" at the top. Changes will be prospective only and will not have retroactive effect unless legally required to do so. By continuing to use our website after any such change you will be considered to have accepted the change. You are advised to review this Terms and Conditions page periodically for any changes.

Contact

If you have any questions about our Terms and Conditions, please contact us:

 

I. GENERAL

1. Tours

1.1. General

The Travel Agency is specialized in the organization of Customized and Tailor-Made Tours to Argentina, Bolivia, Brazil, Chile, Ecuador and Peru.

All our Tours are directly operated via our Gaston-Sacaze local-based offices or via local partners, to provide the following services:

  • Accommodation
  • Meals
  • Transportation
  • Orientation (guiding)
  • Visits
  • Activities

We offer 2 types of Tours:

  • Online Customized Tours are pre-designed Tours which you can book directly on our website.
  • Offline Tailor-Made Tours for which we define together the services you would like. Tailor-made Tours cannot be booked online as they need to be prepared by our Travel Experts after defining the specificities of the trip with you.

Each Tour we sell must always include a minimum of 3 hotel/accommodation nights.

We do not sell any Tour that does not include accommodation service.

We do not sell any of the following services alone:

  • Meals
  • Flights
  • Orientation (guiding)

1.2. Online Customized Tours

Our online Tours can be purchased directly online.

In most cases, for these tours, you will be able to choose among:

  • 2 hotel categories: 3* superior or 4* superior
  • 2 meal plans: bed and breakfast (breakfast included) or full board plan (breakfast, lunch and dinner included)

1.3. Offline Tailor-Made Tours

Offline Tailor-Made Tours are Tours designed based on your personal requirements.

2. Accessibility

2.1. Children

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. Unless otherwise indicated, one adult may accompany up to two minors.

Unless otherwise indicated in the Tour description or by The Travel Agency, the minimum age for minors traveling on any Tour is 5 years old.

The accompanying adult is responsible for securing all consents, documentation, and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into, and depart from applicable countries and regions. The Travel Agency will not be responsible for any inconvenience or fee in case the traveler did not secure necessary consents, permits and approvals.

If a person under the age of 18 years will be traveling with an adult other than his/her parents, or with only one parent, a notarized letter written by the parents, or non-traveling parent, granting authorization to travel, including the dates of travel should be obtained and carried throughout the travels.

Each adult on a booking with a minor or minor(s) is responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Travel Agency does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

Accompanying adults are responsible for the safety of their children including provision of any necessary safety equipment (such as infant/child seats) where appropriate.

2.2. Pregnant Women

Pregnancy is considered a medical condition and must be disclosed to The Travel Agency at the time of booking.

The Travel Agency may refuse to provide services for women who are over 20 weeks pregnant.

2.3. Traveler with pre-existing Medical Condition

Any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements must be clearly detailed to us when making your booking.

In order to provide the best service possible, we require every traveler suffering from minor or major physical or mental disability to inform us before booking any Tour, as depending on the disability, some adjustment to the itinerary may be needed.

The Travel Agency may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

2.4. Animals

Animals are not allowed on any of our Tours.

3. Medical

3.1. General

The Travel Agency reserves the right to request further information or professional medical opinions where necessary, for your safety or the safe operation of a Tour.

The Travel Agency reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where The Travel Agency determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

The traveler is responsible for assessing whether the Tour is suitable for him/her. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. It is the traveler’s responsibility to assess the risks and requirements of each aspect of the Tour based on his own unique circumstances, limitations, fitness level, and medical requirements.

Traveling to South America may involve visiting remote and developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies, and The Travel Agency makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

3.2. Medical Insurance

The traveler is strongly advised to have a travel insurance including medical, evacuation and repatriation coverage of minimum 200,000USD, covering all applicable dates of travel with The Travel Agency. This insurance must cover personal injury and emergency medical expenses.

The Travel Agency will not advance any medical fee for the traveler.

3.3. Medical costs

All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary, will necessarily be borne by the passenger. Travel insurances will typically only consider coverage with documentation and receipts for services provided by legally qualified health-care facilities, and in accordance with policy terms. It is the Traveler’s sole responsibility to manage medical cost reimbursements.

3.4. Altitude sickness

Altitude sickness is an important factor to consider when traveling to South America as several sites in Argentina, Bolivia, Chile, Ecuador and Peru are located above 14,000 ft/ 4,200 m. By booking a Tour to one of those destinations, the traveler acknowledges being aware of altitude sickness risks.

We strongly recommend travelers suffering from heart conditions to ask for a professional medical assessment before booking a Tour.

It is the traveler’s responsibility to seek professional medical advice before booking a Tour.

3.5. Vaccines

Though we provide information on our website regarding recommended vaccines for each of our destination, we cannot certify that the stated information will be up to date when you will be traveling. It is the traveler responsibility to verify if any vaccine is compulsory to enter the corresponding traveling country.

Yellow fever vaccination is strongly recommended if traveling to the Amazon Basin and recommended if traveling to Bolivia, Peru and/or Ecuador.

We strongly recommend you to seek for professional medical advice regarding vaccines at least 2 months before traveling.

3.6. Food allergies

All food allergies must be disclosed to us at the time of booking.

Though we will do our best, we cannot guarantee that your dietary needs or restrictions can be accommodated.

 

II. SERVICES

1. Inclusions and Exclusions

Included and excluded services may differ from one Tour to another. It is your responsibility to check carefully the “What’s Included”/“What’s not Included” or “Included Services” / “Non-included services” rubrics before booking your Tour.

By definition, a service that is not mentioned in “What’s Included” is not included.

The following services are never included in our Tours:

  • Visa and passport fees
  • Travel insurance
  • International flights from/to your home country
  • Regional flights between destinations in case of Multi-Country Tours
  • Domestic flights
  • Tips
  • Luggage portage
  • Personal expenses

The following fees are never included in our Galapagos Tours:

  • Entrance fee to Galapagos National Park
  • Migration card

The following fees are never included in our Australis Patagonia Cruises:

  • Port tax
  • Migration fee
  • National Park fee

2. Unused Services

Any service set in the Tour description not used by the Traveler for any reason (sickness, fatigue, other) will not be refunded by The Travel Agency.

3. Orientation/Guiding

Most of our tours are entirely run by private and local English-speaking Guides carefully assessed and chosen . As distances in South American are important, it is very common for the traveler to be assisted by several guides during his/her trip.

Some specific Tours and Activities such as Cruises, Train Journeys, Treks and Overflights may be led by a guide shared with other travelers.

The decision of your Guide is final on all matters. Your Guide may have to make a decision to protect your safety and well-being, or that of another traveler or staff member participating in the trip. If you fail to comply with a decision made by your Guide, or interfere with the well-being or mobility of the group, the Guide may direct you to leave the trip immediately, with no right of refund.

4. Meals

There are 3 possible formulas for your trip for offline bookings:

  • Bed and breakfast (B&B): breakfasts are the only meals included
  • Half-board (HB): breakfasts and lunches are included
  • Full-board (FB), breakfasts, lunches and dinners are included

There are 2 possible formulas for your trip for online bookings:

  • Bed and breakfast (B&B): breakfasts are the only meals included
  • Full-board (FB), breakfasts, lunches and dinners are included

Meals will usually take the form of buffet or set menu including appetizer, main dish and dessert. Beverages are not included, unless specifically stated.

Included meals are mentioned at the end of each day of your itinerary.

We pay close attention to the quality of the meals as well as sanitary conditions of the restaurants and providers we choose.

You might be traveling to places where there are no restaurants. In those cases, you will be provided with a lunch box or a picnic. This is also true in case your flight is scheduled during lunch or dinner time leaving you no time to take your meal in a restaurant.

In-flight meals and snacks are served according to airline policy.

Remember that eating local food is part of the experience of traveling to another country so you should expect trying new tastes and new dishes. All food allergies and dietary restrictions must be disclosed to us at the time of booking. Every effort will be made to honor special dietary requests but we cannot guarantee that your needs will be accommodated and are not liable for any failure to accommodate or fulfill such requests.

5. Accommodation

5.1. Hotel Selection

Service quality is our priority. That’s why we ensure that every hotel where you will be staying has previously been tested and approved by our local teams.

We do not indicate on our website the hotels we offer for confidentiality reasons and because those might be subject to modification depending on their availability. However, you may request from us the name of the hotels once your booking has been confirmed.

We reserve the right to make substitutions with hotels of equal standing. In those cases, refunds or compensations are not applicable.

5.2. Hotel Category

We only work with hotels rated at/or equivalent to international standards: 3*, 3* superior, 4*, 4* superior, 5* or luxury hotels.

If you want to purchase a Customized Tour online, you will have the choice between 2 hotel categories: 3* superior or 4* superior on most of our Tours.If you want to stay in some specific hotels or hotel of higher standing, you will need to ask our Travel Expert Team to work on a Tailor-Made Tour for you.

Unless there is no other available option, we do not offer hostel, 1* or 2* hotel services.

5.3. Room Type, Characteristics and Selection

All hotel rooms are either standard twin-bedded (two single beds) rooms or double-bedded (one double bed).

When specifically requested by our traveler, we will work directly with the hotel to accommodate the room type you have requested. Although we always do our utmost to satisfy room preferences and special requests, room selection always remains at the discretion of the hotel's management. It is important to note that triple rooms, quadruple rooms and connecting rooms are scarce in some South American countries.

Triple rooms in South America usually consist of standard twin beds or one double bed plus a sofa, rollaway or single bed. An extra fee may be charged by the hotel for the addition of this extra bed.

The traveler should always keep in mind that traveling to another country implies facing differences: the size, comfort such as air-conditioning, services of the hotel rooms you will stay in might differ from what you are used to.

The number of persons accommodated does not dictate the room size.

5.4. Special Requests

Special requests such as bed or room types, room views or number, smoking preference, are always subject to availability and to the discretion of the hotel’s management. In case you may have special requests, The Travel Agency will do its best to ask for the proper arrangements to the hotel.

5.5. Check-in and Check-out

Hotel check-in time might differ from one hotel to another but is generally not before 2:00 p.m. Hotel check-out time is usually prior to noon.

Please be sure that adequate arrangements for accommodations have been taken into consideration when a late night or early morning flight is being used.

If a day room is included in the itinerary, check-out time will normally be 6:00 p.m.

5.6. Hotel Prices

All hotel rates are based on The Travel Agency’ agreements with the hotels and are not negotiable.

6. Flights

6.1. General

The Travel Agency is not responsible for the services and policies imposed by the selected airlines.

Reservations are subject to current availability and pricing at the time of rebooking.

Passengers are responsible to provide The Travel Agency with the copy or their passport or with their passport number, passport expiration date, full name as it appears on their passport, nationality, date of birth, gender, address, phone number and email for all passengers. The Travel Agency will not be responsible for passengers who provided inaccurate information and who are denied boarding. To minimize the risk of any information error, we encourage you to send us a scan copy of your passport instead of written information.

Once flight tickets are issued, The Travel Agency will provide you with the name(s) of the air carrier(s) or airline(s) as well as with the detailed flights and known stopovers on that date. In case of modification after booking, The Travel Agency commits to communicate to you, as soon as it is made aware of said modifications and before you leave, of any changes in the identity of the air carrier or airlines.

Online and remote check-in procedures (before going to the airport) to obtain the boarding pass are achievable within the delays (number of hours before the scheduled flight schedule) set by each airline according to flights.

In accordance with international regulations in the field of air transport, any airline may be required to modify without notice, timetables, itineraries, departure airports and/or destination. In case of modifications by the airline such as delays, cancellations, strikes, additional stops, change of aircraft, course, political events, climate, The Travel Agency will not be held responsible, which means that if the traveler decides to waive his trip, cancellation fees will be charged by the Travel Agency. In such cases, The Travel Agency will not refund fees (taxis, hotels, transportation, meals, ...), as the traveler is under the protection from the airline.

6.2. Conditions

Flights are never included in our prices and are always sold separately as an additional service. However, the large majority of our Tours requires the purchase and booking of at least one domestic flight in the country you are visiting.

Airline taxes and surcharges are always included in our flights' prices.

To avoid any potential price increase(s) due to increases in government-levied taxes and fees and/or increased surcharges, flight tickets are issued and purchased by the Travel Agency as soon as the deposit paid by the Traveler is received. Once issued, airline tickets are no longer subject to potential price increases but are fully non-refundable.

Certain overseas domestic flights are subject to air taxes which can only be paid locally.

6.3. Flights booked by the Traveler

You have the possibility to purchase your flights without our help, but we strongly recommend you to book those flights with us to avoid any booking mistake that could negatively impact your Tour.

In case you book your flights by yourself, it is your sole responsibility to let the Travel Agency know that you are purchasing your own flights and to double check with The Travel Agency that the flight schedules are adequate with the chosen travel itinerary. To this end, you are responsible for providing the Travel Agency with a copy of your e-tickets or with your PNR (Passenger Name Record) which is your flight booking reference assigned by airline companies, when you book your Tour. A PNR is made of either 6 letters (ex: KJHCRG), or either 6 alphanumeric characters (ex: DW9XH3).

We recommend you to book free of charge editable tickets and allow enough time for your transfer to the airport.

In case of Tours to the Galapagos and/or to the Amazon Rainforest, we strongly recommend you to book your flights with us as an extra fee might apply in case you do not purchase your flights tickets with the Travel Agency. Indeed, as transfers from/to your lodge or cruise ship are shared with other travelers, the Travel Agency and the local operators might have to face extra fees to organize your own transfers.

The Travel Agency will not refund any expense and will not be held responsible in case of any unforeseeable event impacting the traveler, and resulting in the modification, cancellation or disturbance of pre and/or post routings flights purchased by the Traveler.

6.4. Name Changes

Any name change including minor spelling corrections may require airline reservations to be canceled and rebooked. Once airline tickets are issued, any name correction will be subject to an airline rebooking fee which may be as much as the full value of the airline ticket plus a 50 USD revision fee per change. The Travel Agency will not be held responsible for the denial of services by a carrier due to any name discrepancy.

6.5. Schedule Changes

Airline schedules and flights are subject to change without notice. In the event of an airline schedule change, The Travel Agency will make every effort to inform passengers of the schedule change and new flight schedule prior to departure.

The Travel Agency is not responsible for penalties incurred for tickets, international or domestic due to schedule and/or flight changes. The Travel Agency is neither responsible for routing and/or change of number of stops in the itinerary.

The Travel Agency is unable to provide compensation for schedule changes, or cancellations implemented by an airline. In the event of any change in flight itinerary made directly between passengers and their airline, it is the passenger's responsibility to advise The Travel Agency of amended flight details in writing. The Travel Agency cannot be held responsible for land services, including arrival and/or departure transfers, if flights are changed without its knowledge. Some extra fees might be applied on arrival and/or departure transfers depending on the new flights schedules.

The number of stopovers are determined by the airline companies according to their flight plans. They can be modified without this being a reason cancellation without charge.

In case the airline that has to insure your flight would not be able to route you, The Travel Agency may have resort to another airline to make you travel in comparable transport conditions.

6.6. Seat Assignments

Airline seat assignments are requested on your behalf in order to maximize the possibility for you to be seated next to the other persons traveling with you. However, final seat assignment is realized by the airline and is always at their discretion.

Some airlines and/or fare types do not allow for pre-seating and require this be done at airport check-in only.

6.7. Airline Frequent Flier Programs

The Travel Agency will record frequent flier numbers when provided by the passenger prior to travel documents being issued. The addition of frequent flier numbers to airline records does not guarantee mileage eligibility which is at the sole discretion of each airline.

We highly recommend travelers to provide their frequent flier account information whenever checking in online and/or at the airport check-in desk.

Some discounted or promotional airfares as well as some code-share flights are not eligible for mileage accrual.

6.8. Baggage

The number of authorized luggage and their maximum weight and authorized dimensions are available on the website of the airline or upon request to The Travel Agency. Checked baggage allowances are subject to change by your airline(s) and should be double checked before traveling.

The Travel Agency always chooses airfare options including a minimum of one checked bag for your convenience. In case the traveler books his tickets himself, we highly recommend selecting airfares which include at least 1 piece of checked baggage.

The Travel Agency is not responsible for checked bag fees, excess luggage or weight charges levied by an airline.

If your luggage is lost or damaged by the airlines, The Travel Agency will do its best to assist you but will not be held responsible. In such case, the traveler should keep all the original documents (baggage tag, tickets, boarding pass or other) to realize the proper claim toward the airline before leaving the airport.

6.9. Claim

In case of delay in the transport departure or return of the trip and/or damage or loss of baggage, denied boarding (overbooking) and/or cancellation flight by the airline, it belongs to each traveler to keep all original documents (tickets, boarding passes, baggage coupons or others) and solicit from the airline any written proof in case of dispute luggage, denied boarding (overbooking), delay or cancellation of flights. The traveler will send to the airline as soon as possible, given the short time limits imposed, his claim with copy of the proofs and keep the originals. The Travel Agency can, in case of difficulty, intervene with the airline to assist the traveler in the follow-up of the claim.

7. Car rentals

The Travel Agency offers a range of self-driving Tours involving the subscription of car rentals services to car rental companies.

The Travel Agency is not responsible for the services and policies imposed by car rental companies. It is important to review the details of your rental agreement provided locally.

Car rental companies typically require drivers to provide a valid license, credit card and meet a minimum age requirement.

Additional fees may apply for changes in rental length, drop off location, additional drivers and optional additional insurance coverages.

Passengers are responsible to become familiar with local traffic laws and road signs.

The Travel Agency is not responsible for any expenses, fines or administrative fees for traffic violations, damage to the vehicle, theft of items inside the vehicle or of the vehicle itself.

III.BOOKING

1. Personal Information

1.1. Collection Purposes

To process your booking, the Travel Agency will need to collect personal information including but not limited to: complete names, gender, nationality, date and place of birth, passport number, email address, phone number.

The collected information is necessary tothe Travel Agency in order to:

  • provide personalized travel advice to the Traveler
  • administer our services and arrange the booking of your travel and travel-related products and services in South America
  • provide customer care and support by sending you updates and/or confirmation about your booking

The Travel Agency will take all steps reasonably necessary to ensure that the Traveler’s data is treated securely and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Some of the collected information might also need to be transferred to third-parties working with the Travel Agency in order to provide the Traveler with the agreed services.

The Travel Agency is however not responsible for the security of your data after transmission to third-parties service providers, subcontracted to provide some of your travel arrangements.

1.2. General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Travel Agency aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.

If the Traveler wishes to be informed what personal data we hold about him/her and wants it to be removed from our systems, he/she is invited to contact the Travel Agency.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you.Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification.You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object.You have the right to object to our processing of your personal data.
  • The right of restriction.You have the right to request that we restrict the processing of your personal information.
  • The right to data portability.You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent.You also have the right to withdraw your consent at any time where Latin Discoveries relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

1.3. Other

The Traveler might be required to communicate personal information when completing airline or official immigration/customs forms during his trip - especially with flights on US airlines or for a transit trip or to the United States of America. Failing to follow this procedure, exposes the Traveler to a refusal of entry into the transit territory or destination.

2. Documents

2.1. Passport and Other Documents

Before you book your Trip, it is your responsibility to verify that each traveler of your party, according to his situation and his nationality, is in possession of a valid passport for the intended journey as well as any other document(s) (ESTA, visa/authorization, family record book, authorization to leave the territory, etc...) necessary to transit through and/or enter the country(ies) of the trip.

2.2. Visa

You are responsible for all visas, permits and any other documents as required by laws, regulations and orders of the countries visited.

Some of our Tours enter a country more than once, therefore, multiple-entry visas may be required for some countries. Please contact the Travel Agency or applicable Government authorities to get necessary travel information.

You should pay special attention to required visas in case of Multi-Country Tours.

The Travel Agency does provide passport and visa information on its website, and is not responsible for passport, visa requirements, entry, health or other requirements of the countries visited or for any loss sustained by you for failing to comply with laws, regulations, orders and/or requirements of countries visited.

2.3. Travel Insurance

Travel insurance is mandatory for all our travelers and should be purchased at booking time.

The Travel Agency does not provide travel insurance services, hence the Traveler should require on his own to trustworthy insurance companies.

Your travel insurance must provide coverage against sickness, injury, accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of 200,000 USD for each of the categories of coverage.

We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.

The traveler must provide to The Travel Agency, the travel insurance policy number and the insurance company's 24 hour emergency contact number when realizing the final payment for the Trip to us.

If you plan on using a travel insurance linked to your credit card or bank account, please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you while traveling, and provide the policy number and insurance’s 24 hour emergency contract to The Travel Agency when finalizing the payment for the Trip to us.

You acknowledge that insurance coverage is not included in our services and that you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

The Travel Agency does not sell Travel Insurances.

3. Confirmation

3.1. Online Booking

An online booking is a booking realized on our website. It is considered as confirmed once the traveler has filled in and validated the online booking form, agreed to our Terms and Conditions and paid the deposit online

3.2. Offline Booking

An offline booking is a booking for which the payment and booking process are not processed through our website. It is considered as confirmed once the traveler has informed in writing that he/she agrees with the itinerary, the price and the Terms and Conditions and paid the deposit.

4. Last-Minute

A booking made within 45 days prior to the Traveler’s departure date is considered as a last-minute booking. The Travel Agency has the right to decline last-minute booking as those bookings will be subject to services availability.

In case a last-minute booking is accepted by the Travel Agency, no deposit will apply and final payment will be due within 48 hours in order to confirm the booking.

5. Modifications

5.1. By the Travel Agency

5.1.1. General

The Travel Agency may modify your itinerary where reasonably required in its sole discretion. In case the change affects the character the service in its entirety, The Travel Agency will provide notice to you as soon as reasonably possible.

5.1.2. Improvements

Our itineraries are considered to be ideal but if improvements can be made, the Travel Agency reserves the right to vary itineraries and modify services.

At certain peak periods, we might decide to alter the order of the itinerary in order to give the Traveler’s the best experience possible.

5.1.3. Unforeseen Circumstances

Each itinerary we offer has been carefully designed to allow you to experience the most of every destination in total security. The itinerary may be amended in case of unforeseen circumstances (traveler sickness, strikes, protests, blockage of routes, social conflict, train schedule, flight schedule, weather conditions, etc…). The Travel Agency will always do its best to respect the program and to prevent the Traveler from missing any scheduled visit. However, in case due to unforeseen circumstances it is impossible for the Travel Agency to uphold the program and/or to realize every listed visit, it will not be held responsible.

The Travel Agency reserves the right to change an itinerary after departure due to unforeseen circumstances.In such emergency and/or unpredictable circumstances, the additional cost of any necessary itinerary alterations will be covered by the Traveler. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

5.1.4. Holidays

During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by the Travel Agency seeking to reduce inconvenience to guests. Such changes are deemed not to be a major change to the itinerary, and no compensation will be payable to the Traveler. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled highlight dinners, regional meals, sightseeing or other activities.

5.2. By the Traveler

5.2.1. General

If the Traveler wishes to change any part of his booking after final payment is realized, the Traveler should inform The Travel Agency by email as soon as possible.


Any changes to your name on any booking are subject to the Travel Agency’ approval and will depend on availability.

Any extra costs incurred for making the change will be paid by the Traveler.


If the modifications are made before your trip’s confirmation (45 days), no administration fee will apply.

If the modifications are required after your trip’s confirmation (45 days), a fee of 50 USD will apply per modification.

Administration fee is in addition to any charges levied by the requested modifications.

Cancellation of any service included in your booking will not be considered a change and will be governed by the applicable cancellation terms as per 6.2.1 and 6.2.2.

No changes are permitted to any booking within 15 days of your arrival date.

5.2.2. Traveling Dates

Any request for modification concerning the date of departure and/or return, may give rise to the invoicing of additional charges.

5.2.3. Transfer of Booking

If you or any member of your party is prevented from traveling, that person(s) may transfer their booking to someone else, subject to the following conditions:

  • The transferee is introduced by you and satisfies all the conditions applicable to the Tour
  • The Travel Agency is notified not less than 45 days before departure
  • The transferee pays any outstanding balance payment
  • The transferee or the transferrer pays an amendment fee of 200 USD per person transferring, as well as any additional fees, charges or other costs arising from the transfer
  • The transferee agrees to The Travel Agency’ Terms and Conditions.

The transferrer and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation fees will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not traveling or for unused services.

5.2.4. During the Trip

Starting from the date of departure, any request for modification and/or request for non-fulfillment of all or part of travel services will not give rise to any refund. Any new service requested during the course of the trip will have to be paid to The Travel Agency or to its operator(s).

If you leave a trip for any reason after it has commenced The Travel Agency is not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.

6. Cancellation

6.1. By the Travel Agency

The Travel Agency may cancel a trip at any time prior to departure if, due to war, terrorism, natural disasters, political instability, significant risks to human health and safety or other external events it is not viable for the Travel Agency to operate the planned itinerary. If we have to cancel your trip, the Traveler will be offered to transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

6.2. By the Traveler

In the event of a cancellation by the Traveler, irrespective of the reason for cancellation, fees external to the trip booked with The Travel Agency and incurred by the traveler (s), such as transportation costs to the place of departure of the journey and return home for obtaining visas, travel documents, vaccination fees cannot be the subject of any refund.

6.2.1. Full Cancellation

The below cancellation fees are in addition to fees which may be levied by accommodation, transportation or other operator fees.

6.2.1.1. General Tours
  • Up to 61 days prior to arrival: 50 USD/person
  • 60 to 45 days prior to arrival: 100 USD/person
  • 44 to 31 days prior to arrival: 200 USD/person
  • 30 to 11 days prior to arrival: 50% of total booking
  • 10 days prior to arrival and no-show: 100% of total booking
6.2.1.2. Galapagos Cruises
  • Up to 121 days prior to arrival: 150 USD/person
  • 120 to 61 days prior to arrival: 20% of total booking
  • 60 days prior to arrival to no-show: 100% of total booking
6.2.1.3. Amazon River Cruises
  • Up to 121 days prior to arrival: 150 USD/person
  • 120 to 91 days prior to arrival: deposit will not be refunded
  • 90 days to arrival date: 100% of total booking
6.2.1.4. Amazon Rainforest Lodges
  • Up to 30 days prior to arrival: 100% of total booking
6.2.1.5. Patagonia Australis Cruises
  • From 119 and 60 days before departure: 300 USD
  • From 59 and 50 days before departure: 25% of total booking
  • From 49 and 40 days before departure: 50% of total booking
  • From 39 and 30 days before departure: 75% of total booking
  • From 29 and 0 days before departure: 100% of total booking
6.2.1.6. Train Journeys
  • Up to 90 days prior to arrival: 15% of total booking
  • From 89 and 61 days before departure: 35% of total booking
  • From 60 and 50 days before departure: 50% of total booking
  • From 49 days before departure to no-show: 100% of total booking
6.2.1.7. Hiking and Trekking Tours
  • 60 days to 45 days prior to arrival: 30% of total booking
  • 44 to 30 days prior to arrival: 60% of total booking
  • 29 to 16 days prior to arrival: 70% of total booking
  • 15 to 7 days prior to arrival: 90% of total booking
  • 6 days or less prior to arrival and no show: 100% of total booking
6.2.2. Partial Cancellation

If one or more travelers have registered for the same trip, and one of them wants to cancel(s) his/her participation to the trip which will be maintained for other participants, partial cancellation fees will be calculated on each service booked, and will depend on the date of cancellation as per 13.2.2. as well as the nature of the canceled services:

  • For personal services (not shared): cancellation fees will apply to the traveler(s) who cancel(s) based on the price of services not consumed from the trip. Examples of personal services include but are not limited to: transportation tickets (plane, train, bus), accommodation, admission fees to museums or National Parks.
  • For shared services: cancellation fees equal to 100% of the traveler(s) share of the shared services, will be charged to the traveler(s), regardless of the date of cancellation.
  • Examples of shared services include but are not limited to the cancellation of car, driver and tour guide services. Indeed, one traveler’s cancellation may impact the overall price of services for the others.

IV. PAYMENT

1. Price Currency

All prices are stated in US dollars (USD).

2. Price Validity

Prices are per person and based on shared twin room occupancy.

Prices on our website are subject to change at any time.

Prices do not include international, regional nor domestic flights.

Prices do not include credit/debit card and/or PayPal© payment commissions.

Stated prices do not include extra costs applying during national or regional holidays in the visited country(ies).

In case of human or computer error, the Travel Agency reserves the right to re-invoice for the correct price or service. If the Traveler does not agree to pay an increase due to a mistake from the Travel Agency, the Travel Agency will proceed to the cancellation and refund the Traveler entirely.

3. Payment

3.1. Deposit Payment

In order to confirm his booking, the Traveler must make a 30% deposit payment on the total booking amount within 7 days of trip participation written confirmation.

If the deposit payment is not received by the Travel Agency within 7 days, the Travel Agency has the right to cancel the booking.

3.2. Balance Payment

Balance payment is due 45 days before the Traveler’s arrival date to the visited country(ies).

3.3. Full Payment

Full payment (instead of deposit payment) might be requested by the Travel Agency in the following cases:

  • Last-minute booking
  • Depending on flights availability
  • Depending on the availability of certain services suppliers such as but not limited to: luxury accommodation, cruises

3.4. Forms of Payment

The Travel Agency accepts the following payment methods: wire transfer, Visa©, MasterCard©, American Express©, Diners Club© credit cards and PayPal© payments.

Third-party credit cards are not accepted.

All payments made within 45 days of departure must be made by Visa©, MasterCard©, American Express©, Diners Club© credit/debit cards or PayPal©. Wire transfers will not be accepted for such payments.

The Traveler is responsible for all bankingfeesassociated withwire transfer, which might not only include thefeescharged by the sendingbank, but also the feesof intermediary banks, through which themoneytravels before reaching the Travel Agency’s bank account.

In case of credit card and PayPal© payments, the Travel Agency will charge an additional commission of 6% for credit card payments, and 7% in case of PayPal© payments.

3.5. Late Payment

If there is any outstanding balance by the final payment due date listed on the Traveler’s invoice, all travel services will be subject to cancellation. In such case, the Travel Agency will notify the Traveler who will have 3 days to confirm his choice of either:

  • Accepting the cancelation
  • Realizing the final payment and pay a penalty fee of 10 USD/person/day of delay

4. Refunds

Refunds to the Traveler are processed in US dollars to the credit card(s) and bank accounts originally used for payment.

 

V. LIABILITY

1. Obligations

1.1. Of the Travel Agency

1.1.1. Service Provision

The Travel Agency is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice.

1.1.2. Satisfaction

The Travel Agency will always try to provide the best experience possible to the Traveler while respecting:

  • Local laws and regulations
  • Safety guidelines
  • Agreed services
1.1.3. Assistance

The Travel Agency will offer prompt assistance to the Traveler whenever required but will not be liable for the costs of such assistance.

The Travel Agency reserves the right to charge the Traveler a fee for its assistance in the event that the difficulty is caused intentionally by the Traveler or because of its negligence.

1.2. Of the Traveler

1.2.1. Comprehension

The Traveler acknowledges that he and each member of his traveling party:

  • voluntarily request to take part to the trip corresponding to the detailed Program sent by the Travel Agency,
  • have carefully read the description of the trip as described in the detailed Program sent by the Travel Agency (or detailed on the Travel Agency’s website in case of online booking),
  • fully agree to travel in accordance with the Travel Agency’s travel guidelines,
  • have carefully read the Travel Agency’s Terms and Conditions and fully understand its contents.
1.2.2. Compliance

The Traveler fully agrees to comply with the laws, customs, foreign exchange and drug regulations of all countries visited.

The decision of the Tour Guide and of the Travel Agency is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip.

1.2.3. Acceptance of Risk

The Traveler acknowledges of the hazards involved in the trip and understands that his participation involves a degree of personal risk and dangers that he agrees to accept.

Risks, dangers and hazards may arise including, but not limited to:

  • hazards of traveling in underdeveloped areas,
  • differing levels of sanitation, differing standards of safety, risks associated with water and food,
  • hazards of travel by car, bus, boat, train, automobile, aircraft and other means of transportation,
  • animals, pests, insects, marine life, vegetation interactions,
  • incidents linked to recreational and sport activities such as swimming, surfing, kayaking, sailing, canoeing, rafting, trekking, hiking, walking, bicycling, sandboarding, paragliding, bungee jumping, overflights, etc…,
  • political unrest, violent strikes,
  • hazardous local customs and practices,
  • accident or illness in areas lacking means of rapid evacuation or qualitative medical facilities,
  • acts of national and local governments and unrest and acts of others against governments.

This risks and danger list is non exhaustive. It provides a few examples of the existing risks of traveling.

Depending on the visited country(ies) regulations, safety seat belt wearing on transportation might not be compulsory. When not compulsory, it is the sole responsibility of the Traveler to decide whether to wear its seat belt.

Whether wearing a seat belt is mandatory or not, in case of accident or incident while the safety belt is not worn, neither the Travel Agency nor its service providers and operators will be liable for any injury, illness or death or for any loss or damages or claims arising whatsoever.

1.2.4. Flexibility

The Traveler acknowledges that the nature of this type of travel requires considerable flexibility. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

2. Limitation of Liability

2.1. Traveler

The Travel Agency cannot be held responsible for consequences of the acts and/or omissions of the person affected such as loss, damage, delay, inconvenience, cost, expense, injury, illness, emotional trauma, death.

The Traveler, his party, family members, heirs, legal representatives and assigns, agree that they will not make any claim for consequences of the above stated acts and omissions caused by the Traveler.

2.2. Third Parties

The Travel Agency contracts with a network of operators, service providers and individuals to provide the Traveler with the contracted service(s). The Travel Agency is not responsible for the acts, failure to act and omissions such as loss, damage, delay, inconvenience, cost, expense, injury, illness, emotional trauma, death caused by these third parties.

The Traveler, his party, family members, heirs, legal representatives and assigns, agree that they will not make any claim to the Travel Agency for consequences of the above stated acts and omissions caused by third parties.

2.3. Risks and Dangers

The Traveler agrees that traveling to South America may imply some risks and dangers such as described in 1.2.3.

The Traveler, his party, family members, heirs, legal representatives and assigns, agree that they will not make any claim to the Travel Agency for consequences of risks, hazards or dangers inherent to the trip.

2.4. Force Majeure

Force majeure are unforeseeable or unavoidable exceptional events, circumstances or catastrophes that might interrupt the course of the trip and restrict the Travel Agency from fulfilling its obligations.

Examples of force majeure cases: wars, civil strife, political unrest, insurrections, revolts, strikes, riots, acts of terrorism criminal acts, nuclear or biological disaster, outbreak of serious disease, famines, natural disasters such as: storms, fires, lightnings, floods, earthquakes, volcanic eruptions, cyclones, tsunamis, avalanches, tornadoes, blizzards.

Force majeure are considered beyond the Travel Agency’s control and in such case, The Travel Agency reserves the right to cancel or modify the trip itinerary if it considers that the safety of the Traveler is at risk.

The Traveler, his party, family members, heirs, legal representatives and assigns, agree that they will not make any claim to the Travel Agency for consequences of force majeure events.

 

VI. DISPUTES

1. Complaints

1.1. During the Trip

If during the trip the Traveler notes any type of non-compliance in the agreed services, he should inform the Travel Agency’s Local Representative or Tour Guide or call the emergency number indicated on the traveling documents provided by the Travel Agency. Whenever acceptable and possible, the Travel Agency will do its best to correct the services as quickly as possible.

If despite the efforts of the Travel Agency, satisfaction is not reached, the Traveler should send an official complaint by email or mail within 30 days of the end of the trip.

1.2. After the Trip

Complaints placed after the trip without any previous notification during the trip to the Travel Agency’s Local Representative, Tour Guide or Travel Consultant will not be considered as valid.

2. Applicable Law and Competent Jurisdiction

These Terms and Conditions are subject to the laws of the country where the services are provided being either: Argentina, Bolivia, Brazil, Chile, Ecuador or Peru.

Any dispute in connection with a trip must be launched in the courts of the country of the Tour in which the disagreement happened.

Any dispute in connection with a Multi-Country Tour, will be assigned to the competent court of the country where the dispute arose.

Any dispute in connection with these Terms and Conditions must be initiated in the court of Peru.

 

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