This document contains the TERMS AND CONDITIONS and the service contract between Ayni Peru Expedition SAC, identified by RUC N° 20564179745 and located at Urb. Mateo Pumacahua A1-2, Cusco, Perú, who will now be named “The Company”; and on the other side, the service user, who will now be named The Client; in the following terms and conditions:
The client will contract the services of The Company to provide touristic services which are detailed in the itinerary mentioned on our website or the tailor-made program provided by the Ayni Peru Expedition sales executive.
B) PAYMENT AND METHODS:
Prices shown are per person, based on two people sharing a room. Prices do not include airfares, except where noted on specific itineraries, and are subject to change without notice.
Pricing for our trips and services are subject to change at any time prior to receipt of full deposit. Once The Company processes any payment for services, the price is guaranteed not to increase unless you amend your reservation.
After THE CLIENT accepts the proposal, THE COMPANY will request a deposit of 30% of the total of the vacation package. The deposit must be received within 2 weeks of the agreement.
The balance will be paid 60 days prior to departure. If you book within 60 days of departure full payment is required. To book your tour we also need copies or photos of your passports as per Peruvian law.
THE COMPANY accepts the following ways of payments:
Visa, Mastercard, American Express, Paypal or a bank wire transfer.
Your reservation is confirmed when your initial deposit payment is processed. Your invoice, when documented as payment received, is confirmation of services on the reservation.
LATE BOOKINGS. Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
The Company highly recommends The Client to purchase travel insurance in case of any accidents, cancellation of trip due to illness or other incidents, protests preventing you from completing your trip, flight cancellations, weather disasters, and other occurrences that will prevent you from doing your tour.
CURRENCY FLUCTUATIONS. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
C) THE PRICE INCLUDES:
All that is included in the itinerary as stated and agreed with the client during the booking process.
D) SERVICES AND ACTIVITIES NOT INCLUDED:
Any extra services such as beverages, laundry, tips, airport taxes or any other unspecified services, are NOT included.
Phone calls, faxes, or additional services in the hotels or restaurants for the duration of the tour, are NOT included.
Any extra costs with regards to delays, tardiness or contrary to the agreed timings, or NOT specified in the contract or itinerary, are NOT included.
Extra nights, extra meals or any additional costs associated with cancellations, tardiness of arrivals or departures, delayed flights, or any unforeseen circumstances remain separate from the Company and are NOT covered by the Company.
Extra food along the route, unless specifically stated are considered outside of the agreement between the client and the Company, unless specifically stated in the itinerary.
E) DOCUMENTATION PASSPORTS AND VISAS:
THE CLIENT is required to obtain a valid visa wherever required by the destination country. It is your responsibility to check with the appropriate consulates as to the passport validity and visa requirements and obtain proper travel documents before the trip. Visa fees are not included in the quoted Tour price. If you do not hold a passport from the United States, you are responsible for consulting with the appropriate authorities from your passport country of origin to check passport validity requirements and any applicable visa requirements for your Tour. THE COMPANY will not be responsible for your documents and THE CLIENT is solely responsible to have all documentation in order.
All Passports must be valid for more than 6 months upon completion of your tour.
The Company requires your passport details and copy prior to final documentation for all international travel.
Vaccinations or Medical Certificates
You are responsible to verify medical requirements for your travel. This includes, but is not limited to, vaccinations, medical certificates, and insurance policies.
F) CANCELATIONS BY THE CLIENT:
At the time we receive written notice from THE CLIENT that you wish to cancel your Tour for any reason (including Coronavirus-related concerns and/or restrictions, as well as travel advisories), the following fees will apply:
DATE OF CANCELLATION CANCELLATION CHARGE
90-60 days prior to Scheduled Departure 30% OF THE TOTAL PRICE
59-45 days prior to Scheduled Departure 50% OF THE TOTAL PRICE
44-30 days prior to Scheduled Departure 75% OF THE TOTAL PRICE
29 or fewer days prior to Scheduled Departure 100% OF THE TOTAL PRICE
INCA TRAIL PERMITS ARE NON-REFUNDABLE NOR NON TRANSFERABLE
DOMESTIC FLIGHTS ARE NON-REFUNDABLE
1. A no-show CLIENT is treated as a cancellation and subject to the 100% cancellation fee described above.
2. Any amount forfeited, which has not then been paid to THE COMPANY by you will be recoverable from you by THE COMPANY as a debt due and payable.
3. When part of a booking is cancelled, the remaining CLIENTS will generally need to pay additional charges (e.g. under-occupancy, single room supplements, etc.) for expenses that were previously shared unless Supplier makes a particular exception which is entirely their decision.
4. There are no refunds once the Tour has commenced.
5. There are no refunds for unused services, early departures, late arrivals or missed days of your final Itinerary, including but not limited tofor any unused services if you are removed from the Tour.
6. We cannot vary from our stated cancellation and refund policy regardless of your situation.For this reason, we recommend that you buy comprehensive travel insurance, including cancel for any reason coverage, immediately upon booking your land arrangements and/or air tickets, whichever is first.
G) REFUNDS OR COMPLAINTS
Any complaints or petition for a refund by the client should be sent with its accompanying letter to the Company via Email who will evaluate the conditions and circumstances of the petition. The Company will respond within 5 working days of the date the petition is received.
We will not be responsible for any situation resulting from unfortunate circumstances beyond the control of the Company or forcé mayeure, or climatic phenomena, or natural disasters or any event outside of our control, that happens during the tour, which halt, delay or cause the incompletion of the tour.
The Company is responsible to provide the terms and conditions of The Company to the client at the time of booking the tour.
H) CHANGES OR MODIFICATIONS
We will accept changes or modifications to programmes when there are extenuating circumstances such as:
– Accident or death of one of the travellers or a close family member.
– Global epidemics /Pandemics resulting in border closure
– With more than 2 months’ notice on the condition that any unrecoverable costs from third parties will be charged additionally. The company will try to change dates with third parties, but in the even they will not allow a date-change, the client will assume the additional cost.
*We STRONGLY recommend a comprehensive travel insurance policy to cover for sickness, illness or injury or any change in your travel plans.
*Please remember that many entrance tickets, train tickets and hotels are reserved in advance to offer the best quality service which means the terms and conditions of these third parties come into effect.
SPECIAL CONDITIONS: For groups travelling with children under 3 years of age.
When The Company uses transport via Car /van/ coach or Bus, there is no additional charge for the minor. However, the child must be always accompanied by an appropriate adult. For air transportation, the CLIENT is responsible for checking the terms and conditions of the corresponding airline.
The Company will not be responsible if the details given for the minor are incorrect or inconsistent with those on their travel document.
Documents for Minors
Due to heightened security, many countries have adopted practices to prevent international abductions of children. It is your responsibility to know, understand and ensure you have the proper documentation for traveling with minors.
Luggage allowance is at the discretion of the airline.
Luggage is transported at the responsibility of the client The Company will not be responsible for any loss or damage to luggage caused throughout the trip, either before or after the dates mentioned in the itinerary, however we are happy to help and advice with how to proceed with the respective agency/ airline, to resolve any issues so that the travel programme of the client is not affected.
J) Cancellations by The Company
The Company reserves the right to cancel or reschedule any trip departure for any reason, including insufficient demand, strikes, lockouts, riots, stoppage of labor or Force Majeure Event (see under “Force Majeure”).
In the event of a cancellation by The Company prior to departure for reasons excluding Force Majeure (see section “Force Majeure”), The Company will try, at your discretion, to rebook the same trip with a different departure date, or a similar trip, but there is no guarantee of availability. The Company will refund the difference in price if the alternate is lower. You are responsible for additional costs if the alternate is higher. If this rebooking option is not acceptable to you, The Company’s only responsibility is to refund the amounts paid by you for the reservation.
In the event of a cancellation by The Company prior to departure or during your trip forconditions under Force Majeure (see section “Force Majeure”), The Company will provide a future travel/booking credit for the portion of your trip impacted. Future travel/booking credit will be redeemable for travel with The Company for one year past your original trip start date. If a future travel/booking credit is not acceptable to you, in the majority of Force Majeure situations, you can notify the company within 21 days of advisement and The Company’s only responsibility is to refund the amounts paid by you for the portion of your trip impacted. If you do not notify the Company within 21 days of advisement, a refund is no longer available.
The Company is not liable or responsible for any arrangements made independently of The Company. The Company assumes no responsibility for costs or fees you incur for independent arrangements not booked through The Company, inclusive of, but not limited to, airline, hotel, excursion and travel protection related charges.
K) Force Majeure
In the event of a Force Majeure Event (as defined below), The Company shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
The Company assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an “Act of God” or any other condition outside The Company’s control (“Force Majeure Event”), including without limitation:
• Volcanic eruption
• Inclement weather
• Environmental pollution or contamination
• Low or high water levels
• Water or power shortages or failures
• Tropical storms or hurricanes
• Riots or civil commissions or disturbances or any other acts of similar nature
• Strikes of labor disruptions
• Restraint of rulers or peoples
• Acts of terrorism
• Quarantine restrictions
• Government health advisories or warnings or alerts of any kind of nature, including, but not limited to, warnings or regulations due to an epidemic/pandemic
• Government seizures
• Refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization
• Damages to its facilities or the travel supplier and its facilities
• Or any other unforeseen circumstances or any other factors unforeseen by The Company that adversely affects or hampers its ability to fulfil any of its contractual conditions.
L) Special Needs & Participation Requirements
Any special requirements or disabilities must be disclosed to The Company at time of reservation, or if such requirements arise after the reservation, as soon as such requirements are or reasonably should be known by the participant. If The Company has not received disclosure of requirements or disabilities that require reasonable accommodations for accessibility, and/or if your participation poses a threat to the safety or health to self or others, The Company may be unable to accommodate you for part or all of the Tour, Cruise or any services provided in connection with the Tour.
M) Information Required from The Client
• Full name as per government issued ID with which you will travel
• Date of birth
• Full passport details and copy
• Email address
• Medical conditions
• Dietary restrictions you make known to The Company
• Emergency contact (non-participant)
• On tour contact information (mobile phone or email address)
• If any additional information is required, it will be requested from you with your reservation.
The Client agrees that neither The Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier (including any Service Provider) providing services, any insurer or insurance administrator under the Travel Protection plan, or any other person.
O) Right to Accept or Reject
The Company reserves the right to accept or reject any person as a trip participant; to expel any participant from the trip; to make changes in the itinerary whenever The Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a trip at any time.
You acknowledge and agree that our Service Providers may reserve similar rights regarding their services. You agree to abide by such conditions, and further agree to indemnify and hold us harmless against any exercise of such rights by any Service Provider.
The laws of the country of Peru, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Peru, South America, in all disputes arising out of or relating to travel bookings with THE COMPANY, including the use of THE COMPANY Web site. Use of THE COMPANY Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between THE CLIENT and THE COMPANY with respect to travel bookings made with THE COMPANY by any means accessing such information, including its’ Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between THE CLIENT and THE COMPANY with respect to communications with THE COMPANY, including THE COMPANY Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.