The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the trip participant (“Client,” “you,” “traveler,” “participant”) and Alternative Peru Tours S.A.C. BIC (“Alternative Peru”, “we” or “us”) with respect to any and all bookings, tours or transactions made with Alternative Peru. We sell the tour, trip, trek or excursion (collectively, “trip”) described in the email or brochure sent to you, and advertised on our website or through independent agents that market our trips. We offer both multi-day and daily excursions. The service to be provided to you is the trip specified in your booking confirmation.
By submitting a booking for one of our trips through any method and signing this agreement, you accept and are bound by these Booking Terms and Conditions (“Booking Terms”) and direct us to perform services on your behalf. These Booking Terms incorporate by reference our liability waiver.
If you are booking a group or student trip (“group/student trip”), you will be our single point of contact for the tour arrangements (“group leader” or “you”). You will be responsible for making the group’s travel arrangements with us, including coordinating, collecting and submitting all required payments and documentation. Your responsibilities include providing a copy of these terms and conditions to all travelers in your group, including their parents in the case of minors, and collecting and submitting to us a signed liability waiver for each traveler in your group.
If you are participating in a group trip, you must direct all booking inquiries, including change and cancellation requests, to your group leader.
Each and every person named in this booking (“Client” or “you”) are subject to this agreement. By signing this agreement, you affirm that you have made all other Clients listed in the booking aware of these terms, regardless of how final payment is made, and that all Clients accept these terms.
Items included/excluded in the quoted price are listed in the trip itinerary.
To confirm the trip, you must pay 50% of the total amount per person. If you need to cancel more than 60 days before the start of your trip, you will be refunded minus the (non-refundable) costs, deposits and third-person fees already paid by us. The full amount must be paid at least 60 days before the start of the trip.
Your booking is accepted only when we confirm it in writing. Upon confirmation, we will submit an invoice to you with information on final payment, including its due date. Accepted methods of payment include credit card / PayPal, cash, or wire transfer. All bank charges for wire transfers must be included in the payment. Payments made by credit card / PayPal will incur a service fee, which will be reflected on your invoice. If you pay your deposit by wire, we cannot confirm your reservation until your payment has cleared. Checks returned by the bank will incur a returned check fee.
If you book your trip 60 days or less before the departure date, the full trip amount is payable when we confirm your booking. If you do not pay the balance at this time, we reserve the right to cancel the booking.
In order for us to confirm your travel arrangements, you must provide your Client Details with your final payment. Client Details include the following: passport number, copy of passport data page that has your photo and personal details, full name, date of birth and nationality.
Any booking that is not fully paid according to the payment terms will be considered a cancellation and subject to our cancellation terms.
Leaving a trip in progress, for any reason, will not result in a refund, and no refunds will be made for any unused portions of a trip, including those that are the result of your removal from a trip.
Any change request must be made in writing to us by email with “Change Request” in the subject line and acknowledged by us. Written change requests may also be submitted to the independent agent who booked your trip.
NOTE THAT SCHEDULED AIRLINES MAY IMPOSE 100% CANCELLATION CHARGES.
YOU MAY NOT MAKE ANY CHANGES TO YOUR ITINERARY WITHIN 10 DAYS OF DEPARTURE.
We will not provide you a discount or refund you for any missed or unused services of your trip, including voluntary or involuntary termination, sickness, death of a family member, etc.
The prices in our brochure and on our website are based on exchange rates and costs in effect at the time of printing the brochure or posting to our website. We reserve the right to alter prices for new bookings if these rates change substantially.
We also reserve the right to impose surcharges up to 60 days before departure to account for unfavorable changes in exchange rates, increases in air fares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the trip cost (excluding insurance premiums), you may cancel your booking no later than 14 days after receiving notification of the surcharge and obtain a full refund less any third party non-refundable deposits and third party cancellation fees.
Your additional responsibilities include strictly complying with all local laws and regulations, respecting customs and culture, adequately assessing your abilities, respecting other travelers’ privacy, and if on a guided trip, following the guide’s suggestions and advice. On guided trips, the decision of the local guide is final on all matters that may threaten the safety or interfere with the well-being of other travelers. During the trip, we and the local guide each have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the trip activities; or b) determine is detracting from others’ enjoyment of the trip. If you fail to comply with this paragraph or commit any illegal act when on the trip or, if in the opinion of the trip leader, your behavior is causing or is likely to cause danger, distress or annoyance to others, we may terminate your trip without any liability and you will not be entitled to a refund.
12. PASSPORTS, VISA, AND OTHER TRAVEL DOCUMENTS.
We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of our obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
If we and/or any of our suppliers are affected by Force Majeure, we shall be entitled to, and may in our sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. We must normally make substantial and non-refundable payments to our suppliers far in advance of the scheduled departure date. As such, payment of any refund by us to you as a result of the nonperformance of any obligations will be less any non-refundable deposits and cancellation fees. Further, we shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs of the Force Majeure.
You must maintain travel insurance. Your insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. We also strongly recommend that you extend your coverage to include cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. You acknowledge that the cost of the trip does not include insurance, and that you are required to obtain adequate coverage as described in this paragraph.
It is your sole responsibility to ensure that you are healthy enough to participate in the trip. In booking a trip with us, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for you or other travelers. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the booking is made. We reserve the right in our sole discretion to accept, decline to accept, or remove any Client on a tour who we judge to be incapable of meeting the demands and requirements of participating in trip activities.
You understand that the trip you booked has risks and may entail meaningful delays in obtaining any medical assistance at all, and evacuation to same can take hours or days. In addition, medical assistance when rendered may not be to the same standard as in the U.S. or other developed countries.
You are solely responsible for your baggage and personal effects throughout your tour. All costs incurred for lost, damaged or delayed baggage are at your expense.
To the maximum extent permitted under applicable law, we will not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected with this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. If we are held liable despite the preceding limitation of liability, you agree that the sole remedy for any default by us arising under this agreement shall be the return of the paid trip cost less actual expenses incurred by us in arranging your trip.
If you find a problem or something that does not meet your expectations, you must promptly notify us using the contact information listed on your itinerary or the trip leader so that the problem can be rectified, if possible. Failure to do so while you are on the trip will result in your ability to claim compensation from us being extinguished or at least reduced. Further, if you make any changes on your own without following the notice procedure described above, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to us within 30 days of the end of the trip. We will not accept, or be liable for, any claims received after this period.
20. RESPONSIBILITY.
Alternative Peru acts only as an intermediary for the various independent suppliers that provide lodging, meals, sightseeing, flights and other transportation, activities or other goods and services connected with your trip. You acknowledge that you are aware and clearly understand that these suppliers are independent contractors, are not managed by Alternative Peru, and are not agents or employees of Alternative Peru. A supplier’s services are subject to the supplier’s own terms and conditions, local laws and regulations, and, where applicable, international conventions. Some of these conditions may limit or exclude a supplier’s liability. Copies of a supplier’s terms and conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
21. SEVERABILITY.
In the event that any term or condition contained herein is legally unenforceable or void by operation of law or against public policy or for any other reason, such term or condition shall be deemed to be severed from this Agreement or amended accordingly only the extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
We will share your personal information, as well as any personal information you provide for other persons in booking a trip with us, to our suppliers to enable them to provide the services requested by you.
Any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be governed by the laws of Peru and resolved exclusively in a court of competent jurisdiction in Lima, Peru.
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire Terms and Conditions agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. I acknowledge that I have had an opportunity to have all of my questions regarding this agreement and my trip answered by Alternative Peru and that any questions have been answered satisfactorily.
