1. Viajes Responsible PeruEtico SAC (THE CONTRACTING AGENCY) is committed with the PASSANGER to provide the services mentioned in the hereby contract, the accomplishment of the activities and the specifications described in the service or in the chosen plan with responsibility and caring for the quality of the service.
2. SERVICES COVERED. - The services offered by THE AGENCY are the ones described in the promotional poster of the route or in its description (travel program), established in the website: www.peruetico.com/en/. The services and the tours available in your destination can be substantially modified at the discretion of the local organizers. The local tours and the services purchased by THE PASSENGER during the trip and that are not included in the route or in the travel program, do not belong to this contract and remain outside of it. Therefore, THE PASSENGER releases THE AGENCY from any responsibility, even as in courtesy acts, where residents, companions or local leaders can take charge of the reservation or the selling of tours and services not included in the route or in the travel program. THE AGENCY reserves the right to modify the hotel reservation in case of no availability, and is committed to offer accommodations to the same category. In case of no availability in hotels of the same category you will be transferred to upper or lower class lodgings. In case of any difference in the established price a corresponding adjustment will be made. Should the trip be shortened or extended due to unforeseeable circumstances or greater reasons not attributable to the company, the additional costs shall be borne by the clients. If THE PASSENGER wishes to modify the travel program before its departure, only a partial modification can be made, with a previous communication to THE AGENCY, 30 days prior to the beginning of the travel program. These modifications are subject to the availability of the required services, otherwise the travel program will remain as its original form. THE PASSANGER will bear any additional cost derived from the partial modification of the program, as long as the required services exceed the price agreed at the beginning. In the event that THE PASSANGER, once the journey has started, decides to modify it, it can only be modified partially within the 3 first days following the commencement of the travel program. These modifications are subject to the availability of the required services, otherwise the travel program will remain as its original form. In this case THE PASSANGER will directly assume the additional costs derived from the partial modification of the travel program. THE AGENCY, unilaterally and whenever it is convenient, can cancel the reservation and the travel program; this cancellation can only be made before the passenger makes the payment described in the 3.2 of the hereby document. In this case, THE AGENCY will only be compelled to return the total amount of the first payment made by THE PASSANGER (payment described in the numeral 3.1 as long as the devolution of the payment doesn’t generate interests or penalties against THE AGENCY. PRICE. - The individual or group price for the services provided by THE AGENCY is the one described in the brochure or in the description of the travel program in the website www.peruetico.com/en/ Notwithstanding the aforementioned, THE AGENCY, upon express requirement of THE PASSANGER, will be able to formulate personalized travel programs (tailored tours). In these cases, the individual or group price for the services provided, will be based on the required services. The prices are shown in US DOLARS, and the Exchange rate used to determine the final price of the tour is based on the Interbank exchange rate euro/dollar. Therefore, if at the moment of balancing the exchange rate it has to be changed to more than 0.05 points, THE AGENCY has the faculty to require an adjustment of the current exchange rate in the balance. Our prices include all the services specified in each program, as well as in the personalized travel programs (tailored tours). All the prices include taxes and are subject to change without notice before the client makes the payment of all the purchased services. Our prices do not include: i) Costs of visa permits ii) costs of passport applications iii) personal tips to the guides, drivers, bellhops, etc…, nor in the cruises. iv) transfers if not specified v) excess baggage vi) airport taxes and/or Tickets to the National Parks, Natural Reserves or Fauna Reserve not specified in the itinerary/route vii) Extras of any kind or expenses that are not specified in the itinerary/route.
3. PAYMENT METHOD – THE PASSANGER will pay the totality of the price agreed with THE AGENCY as follows:
3.1. The 50 % of the agreed price, when confirming the route reservation and the travel program selected.
3.2. The 50% of the remaining balance, 20 calendar days prior to the beginning of the provision of the services and the travel program selected.
3.3. In the event that THE PASSANGER doesn’t pay off the balance of the tour once the above mentioned deadline has expired, the company may cancel the tour without being compelled to give refund whatsoever.
3.4. In the event that the reservation of the route and the travel program selected is made with 30 calendar days or less to the beginning of the tour, THE PASSANGER will have to pay the total amount (100%) of it.
3.5. In case of a substantial price increase due to increased rates of the contracted services or a change in currency exchange rates that require a substantial and justified increase on the agreed price, and if the passenger does not accept to pay the resulting difference derived from these adjustments, the total amount received to date will be refunded, less the costs arising from the bank transaction completed.
4. CANCELLATION POLICY.- THE PASSANGER that unilaterally decides to cancel the reservation, confirmed or totally paid prior to the departure date, will pay to THE AGENCY a penalty depending on the number of calendar days prior to the beginning of the tour, according to the following details:
4.1. 10% of the price if the cancellation is made up to 45 calendar days, prior to departure date.
4.2. 30 % of the price if the cancellation is made from 44 to 31 calendar days, prior to departure date.
4.3. 50% of the price if the cancellation is made from 30 to 16 calendar days, prior to departure date.
4.4. 75% of the price if the cancellation is made from 15 to 8 calendar days, prior to departure date.
4.5. 100% of the price if the cancellation is made up to 7 calendar days, prior to departure date. THE PASSANGER that terminates the confirmed or fully paid reservation must meet the costs of the administrative expenses derived from it. Notwithstanding the aforementioned, some routes and its travel programs have tailored services, in which case THE PASSANGER authorizes the increase of the above mentioned penalties.
5. LIMITATIONS OF LIABILITY.- THE AGENCY does not take direct or indirect responsibility of any king on the following:
5.1. The personal expenses incurred by THE PASSANGER during the tour or the ones not included in the promotional poster of the route or in the description of the plan (travel program) established in our website.
5.2.The behavior of THE PASSANGER, including the inconveniences in which he or she may be involved, that may result in taking him or her out of the excursion or touristic plan (travel program), due to certain behaviors that threaten moral and legal Peruvian rules which are sanctioned by the national law of the country.
5.3.The reimbursement of air tickets because of a not show-in, a loss of the flight or an expiration, caused by THE PASSANGER or third parties unconnected to THE AGENCY
5.4.The baggage, its content or any belonging of THE PASSANGER during the trip, owing to the fact that all these elements as well as its security are and remain of the sole responsibility of the passenger.
5.5.Changes in the travel program, in the itinerary or delays in the ground or river transportation, due to natural or social causes, such as strikes or demonstrations.
5.6.Fort the loss or cancellation of the touristic services such as: lodgings, tours and others caused by the delay of THE PASSANGER.
5.7.For the congestion in the hotels and/or delays in the delivery of the rooms.
5.8. For quarantines and other fortuitous events of major force that alter the normal development of the contracted services.
6. THE AGENCY , on behalf of THE PASSENGER, may make complaints in case of:
6.1.Accidents, losses or damages caused by imprudence or neglect of the instruction by the transporters (bus, boats or airplanes) and/or hotels.
6.2.Accidents, losses or damages caused by the transporters (ground, river or sea transportation and/ or hotels.
6.3.Accidents, losses or damages caused by the carelessness of THE PASSANGER.
6.4. Lack of an on time reporting and/or not handing over into the custody jewelry and other belongings of THE PASSANGER.
6.5. A failure to observe the regulations of all the Touristic services providers contracted by THE AGENCY
6.6. Any kind of responsibility conferred to a natural or a legal person unconnected to THE AGENCY.
7. GUARANTEES OR INSURANCES.- THE PASSANGER may authorize THE AGENCY to purchase an insurance policy covering aspects such as: loss, theft or damage of the personal belongings. Such authorization does not mean that THE AGENCY will assume responsibilities of any kind, as this is an intermediate operation; however, THE AGENCY may complain on behalf of THE PASSANGER to the operator providing the services.
8. PASSANGERS LIABILITIES.
8.1.THE PASSANGER shall at any time submit the documentation that identifies him/her if requested by the authorities. For the minors, the dependent adults shall submit the identity card, the civil birth registration or an equivalent acting document. The omission of this requisite discharges THE AGENCY of any economical claim of any kind that could arise out of these incidents.
8.2. If THE PASSANGER books a program in behalf of other people, is committed to provide a copy of the travel program and the contractual terms that regulate THE AGENCY’s services to THE PASSANGERS.
8.3. It is required to buy a medical insurance at the moment of the departure, with a toplevel company that covers any physical damage and/or personal injuries. A copy of this insurance must be submitted under inspection to THE PASSANGER and in the event of non-compliance by THE PASSANGER, THE AGENCY shall deny the provision of the services previously purchased by THE PASSANGER. Additionally, in the event that THE PASSANGER is beneficiary of a touristic service in the forest area, is committed to get vaccines against Yellow Fever, as well as other vaccines required by the Health Ministry of the Peruvian Republic.
8.4. At the moment of the confirmation of the reservation, THE PASSANGER is committed to communicate to THE AGENCY of his/her allergies, illnesses or disabilities that may require certain assistance and special care, as well as the medicines supplied by medical prescription. If THE PASSANGER fails to communicate so, He or She will pay for it.
9. COMPENSATION FOR POOR SERVICE, A NON-COMPLIANCE OF THE TRAVEL PROGRAMM OR THE CONTRACTUAL TERMS.
9.1. In the event of a complaint due to the impropriate services provided by THE AGENCY, the non-compliance of the travel program partially or totally, the noncompliance of the contractual terms partially or THE AGENCY is committed to refund THE PASSANGER with a compensation equal to the 20 % of the total amount of a one-day service, amount that will totally cover the impropriate services provided.
9.2.The complaint or complaints resulting from the above-mentioned shall be immediate, so that THE AGENCY, its local representative or the person in-charge can deal with them and solve it as soon as possible.
9.3.THE PASSANGER can claim for compensation to THE AGENCY via email or a letter, with an acknowledgement of receipt, within 10 working days from its departure to their country.
10. ACCEPTATION – THE PASSANGER agrees on every contractual term of this contract, declares full satisfaction with the booked travel program, once the reservation via email or via the internet reservation system and the payment described in the 3.1. Numeral of the 3rd Paragraph of the hereby contract are made.
11. ABOUT CONFLICT RESOLUTION, CLAIMS AND CONTROVERSIES.- THE PASSANGER accepts that in the event of a misinterpretation of the hereby contract or its unfulfillment, the legal rules of the Peruvian Republic will be applied, and the judges and the courts of Cusco will be competent for it.