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terms and conditions

Introduction

These Terms and Conditions, published on the website https://andeanwingsexperiences.com/en/terms-and-conditions/, govern all purchases of tours and services offered by our travel agency, Andean Wings Experiences (hereinafter THE COMPANY), regardless of the location or method of purchase, whether through our website or other means, without exception.

These Terms apply in their entirety and are binding for all tours and services booked. By purchasing them, you express your full acceptance of these Terms and Conditions. Consequently, you should not book or purchase any of our tours or services if you do not agree with any of these provisions.

Furthermore, it is established that individuals under 18 years of age may not enter into contracts with THE COMPANY.

Regarding Tour Reservations

These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. These Terms shall constitute the entire agreement between the Company and the Client in relation to the subject matter hereof and shall constitute a binding agreement. There is no representation, warranty, prior agreement or description of services, verbal or written, other than as set out herein.

The Contract is with Peru Discovery “The Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, cancellation policy and limitations of liability.

CURRENCY: The currency applied to the Client’s reservation will be determined by the Client’s reservation location and the applicable currency. The Company reserves the right, however, to apply the currency of its choice to the reservation.

UNUSED SERVICES: There will be no discounts or refunds for missed or unused services, this includes voluntary or involuntary termination/departure from the tour, i.e. illness, death of a family member, etc., late arrival to the tour or early departure, whether voluntary or involuntary.

FLEXIBILITY: The Client understands and acknowledges that the nature of this type of travel requires considerable flexibility and must allow for reasonable modifications by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transportation may be subject to modification without notice due to local circumstances or events, which may include illness or mechanical breakdown, flight cancellations, strikes, events arising from political disputes, entry or border difficulties, extreme weather and other unforeseeable or unpredictable circumstances or any other reason.

AIR TICKETS: No tour includes international airfare or any other flights unless mentioned in the inclusions. Changes and Cancellations: Unless otherwise stated, air tickets are 100% non-changeable and non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the Company’s discretion and Administrative Charges will also apply.

FLIGHTS AND AIRLINES: All flight schedules, flight itineraries, carriers, and aircraft types are subject to change. Carriers and the Company also reserve the right to add stops en route. Customer agrees that the Company is not responsible if flights are missed or boarding is denied. Customer further agrees that the Company is not responsible for expenses, lost wages, or lost vacation time due to changes in flight schedules and/or delays.

OPTIONAL ACTIVITIES: I understand that during my trip there may be opportunities to undertake activities that are not part of the itinerary. I understand that Andean Wings Experiences makes no representations about the safety or quality of the activity or the standard of the independent operator conducting it. I also understand that Andean Wings Experiences is in no way responsible for my safety if I choose to participate in such optional activities. With full knowledge of the above, I may still choose to participate in the activity, and if I do so, I assume full responsibility for the risks involved, and the waiver and release of those exonerated set out in the preceding paragraph shall apply to such optional activities.

TRAVEL DOCUMENTS: Valid Passport: The Client must be in possession of a valid passport required for entry, exit and travel through each destination point along the tour itinerary (passport must be valid 6 months beyond return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the entire trip. The Client accepts full responsibility for obtaining all documents, visas and permits prior to the commencement of the tour, and is solely responsible for any adverse consequences resulting from lack of or missing documentation. Any information or advice provided by the Company regarding visas, vaccinations, climate, clothing, luggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to information provided by third parties such as appropriate government authorities.

FACTORS BEYOND THE CONTROL OF THE COMPANY: Andean Wings Experiences shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the failure of the Company to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an act of war or war-like operations, mechanical breakdown, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbances, however and wherever they may arise or be caused, riots, insurrections and government restrictions, fire, extreme weather, or any other causes beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the service provider, even with due care, could not foresee.

TRAVEL INSURANCE: It is mandatory for all Clients to obtain travel insurance with minimum medical coverage while traveling with the Company and this insurance should cover personal injury and emergency medical expenses. It is strongly recommended that the coverage be extended to include cancellation, curtailment and all other expenses which may arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft or damage to luggage or personal effects. Personal belongings lost or stolen whilst the Client is not attended to by the Client in public lounges or other public areas, whether on board a ship, train, bus or other means of transport, publicly owned or operated by the Company or elsewhere, are not refundable. Losses due to fair wear and tear and other acts of God are not refundable. The Company cannot accept liability and shall in no event be liable for loss or damage to valuables or other items left in or on premises used by the Company such as hotels, homestays, ships, expedition vehicles or any other means of transport. The Client acknowledges that the cost of the trip does not include insurance and that the Client must obtain separate coverage at an additional cost. When obtaining travel insurance, the Client must ensure that the insurer is aware of the type of travel to be undertaken.

CUSTOMER RESPONSIBILITY: Customer acknowledges that he/she will be visiting places where political, cultural and geographic attributes present certain risks, dangers and physical challenges greater than those present in his/her daily life. By booking a trip with the Company, Customer acknowledges that he/she has considered the potential risks, dangers and challenges, and expressly assumes the risks associated with such travel conditions. Customer is solely responsible for familiarizing himself/herself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary. Baggage: The security of all baggage remains the responsibility of Customer throughout the trip. Baggage handling is performed by independent contractors over whom the Company has no direct control or responsibility and the Company will not assume such responsibility for loss or damage to baggage or other possessions. Visa requirements change frequently and depend on your nationality and your destination.

UNUSED SERVICES: Missed flights or unused components of the package are not refundable or creditable for any reason. If a Client does not show up, or if the package is cancelled after the departure date of the outbound flight, or if the Client abandons a tour that was already in progress, no refund will be provided for any unused portion of the package.

GENERAL CANCELLATION/REFUND POLICY: The Company offers a free cancellation policy within 24 hours after the reservation has been paid and confirmed, for all its tours and services booked, except for the Machu Picchu tour, the 4-day Inca Trail and the 2-day short Inca Trail, this is because it is necessary to purchase the tickets as soon as possible since the spaces to visit Machu Picchu are in high demand and these entrance tickets are non-refundable and non-transferable, read the Inca Trail Terms and Conditions for more information. After 24 hours of a reservation being paid for and confirmed, and due to the advance payments required for hotel reservations, transportation, entrance reservations, staff and food for each participant, any refund and/or credit will be subject to administrative fees and bank commissions involved, as well as any other non-refundable payments such as entrance fees to Machu Picchu, 4 and 2 day Inca Trail, Cusco Tourist Ticket, etc. Subsequently, all cancellations of tours booked by the client less than 15 days prior to the start of the trip are non-refundable. This is a firm policy, if you cancel less than 15 days prior to the start of your trip, all deposits and payments made are completely non-refundable.

NO SHOW: If the client(s) for any reason or reason do not show up at the start of their tour or package, all deposits or payments made for said tours are completely non-refundable.

SPECIAL CANCELLATION/REFUND POLICIES: For all group or individual tour programs/packages involving more than 2 days of activities with accommodation, transportation and partial or full meals included, special cancellation/refund policies will apply. These will be duly informed to the client at the time the program/tour package is offered and must be accepted by the client before paying and confirming the program/tour package. Likewise, the programs/packages offered on our website will have the special cancellation/refund policies that apply in their description.

TERMS AND CONDITIONS OF THE INCA TRAIL

  • Please note that after purchasing the Inca Trail entrance ticket, this amount is non-refundable. You still have 24 hours to cancel your tour, but this cost will be deducted from your refund. After 24 hours, the first deposit is non-refundable.
  • If the Company does not confirm the reservation, your payment will be refunded in full although bank fees may apply..
  • All participants must bring and carry their own backpacks, including their sleeping bag and mats unless they have booked an additional porter or the service includes porters, horsemen or mules.
  • The participant must declare if he or she has any illness or medical condition and must bring his or her own medication.
    All participants must bring their original passport and, if available, their original ‘ISIC’ student card.
  • It is mandatory for all clients to have personal travel insurance. This insurance must cover personal accidents, medical expenses, loss of belongings and all other expenses that may arise as a result of loss, damage or injury to the client.
  • The Company is not responsible for any accident or loss of personal belongings caused by the client.
  • In the event of a force majeure event, such as the impossibility of operating the program or trekking due to unusual or unforeseen circumstances beyond the control of the Company, such as extreme weather conditions, landslides, strikes that do not allow the operation or put it at risk, sudden inaccessibility of the route, etc. The Company will propose viable solutions to operate the program within the available dates, or if this is not possible, it will propose an alternative program.
  • If the alternative programme chosen by the client is of lower value than the one originally booked, the client is entitled to a refund of the price difference. All resulting costs shall be borne by the client. Should none of this be feasible, the Company will refund all money paid except all expenses incurred so far and bank charges.

REQUIREMENTS FOR THE INCA TRAIL:

To confirm a booking, customer details are required, including full name as it appears on the passport you will be travelling with, passport number, passport expiry date, date of birth and nationality. Any changes to these details may result in the inability to obtain a permit for the Inca Trail. The company will not be held responsible for any fees charged as a result.

ABOUT THE USE OF THIS WEBSITE

Intellectual Property Rights: Except for the content you own, under these Terms, Andean Wings Experiences and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license solely for purposes of viewing the material contained on this Website.

RESTRICTIONS:

You are specifically prohibited from doing the following:

  • publish any material from the Website in any other media;
  • sell, sublicense and/or otherwise commercialize any material from the Website;
  • publicly display and/or perform any material from the Website;
  • use this Website in any way that is or may be damaging to this Website;
  • use this Website in any way that affects users’ access to this Website;
  • use this Website in a manner contrary to applicable laws and regulations, or in any way may cause harm to the Website or to any person or business entity;
  • engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • use this Website for advertising or marketing purposes.

You are restricted from accessing certain areas of this Website and The Company may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential and you must also maintain confidentiality.

YOUR CONTENT

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. By displaying Your Content, you grant Andean Wings Experiences a non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not infringe upon any third party’s rights. Andean Wings Experiences reserves the right to remove any of Your Content from this website at any time without notice.

NO WARRANTIES

This website is provided “as is,” with all faults, and Andean Wings Experiences makes no representations or warranties of any kind related to this website or the materials contained herein. Furthermore, nothing contained on this website should be construed as constituting advice to you.

LIMITATION OF LIABILITY

In no event shall Andean Wings Experiences, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract. Andean Wings Experiences, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Andean Wings Experiences from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is held to be invalid under applicable law, such provision shall be deemed to be invalid without affecting the remaining provisions hereof.

Variation of Terms

Andean Wings Experiences is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Andean Wings Experiences is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notice. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Andean Wings Experiences and you in relation to your use of this Website and supersede all prior agreements and understandings.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Peru, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Peru for the resolution of any disputes.