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TERMINOS Y CONDICIONES DE ONE EARTH PERU
SAC
NOTIFICATION OF
LIMITATIONS TO FOLLOW.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. |
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These Terms & Conditions
govern the relationship between you and One Earth Peru
SAC of Lima, Peru doing business as One Earth Peru
(hereinafter refferred to as "the Company" or
"One Earth Peru"). By booking a trip, you
agree to be bound by these Terms & Conditions wich outline,
among other things, our cancellations policy and certain
limitations of liability. These Terms & Conditions affect
your rights and designate the governing law and forum for
the resolution of any and all disputes.
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THE CONTRACT
All persons wishing to make a booking have carefully read
and understand the Terms & Conditions that follow. By
making a booking by telephone, or on our website, or by
email or facsimile with the Company or its Agents, you accept
and are bound by these Terms & Conditions. The person
or persons named on the booking are hereafter referred to
as the "Client". All bookings are made with One
Earth Peru SAC., "the Company", wich sells
the tours described in this Web site or trough its "Agents"
who sell the Company's tours through an agreement with the
Company. These Terms & Conditions shall constitute the
entire agreement between the Company and the Client relating
to the subject matter herein, and shall constitute a binding
agreement. There is no verbal or written; representation,
warranty, collateral agreement, prior agreement, description
of services, or conditions, other than expressed herein.
The service to be provided is/are the tour(s) referred to
in the booking confirmation. |
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DEPOSIT REQUIREMENT
(a) Deposit for One Earth Peru Trips
at time of booking or 60 days or more prior to deparure,
wichever is later a non refundable deposit of USD$ 250.00/CAD$250.00
per person per tour is due. The non refundable deposit and
medical form if applicable should be sent to the Company
or its Agent. For insurance purposes any Clients 70 years
of age and over, or those younger with pre-existing medical
conditions are required to complete a One Earth Peru
Medical Form wich must be signed and dated by a physician
and returned with your final payment or you will not be
permitted to travel. These forms will be included in your
pre-departure document, (or you can see them on our website
at: www.oneearthperu.com)
(b) Deposit for Special Departures &
Other Companies trips operated through us. At time of booking
or 90 days or more prior to depature, wichever is later
a non-refundable deposit of USD$500.00/CAD$500.00 per person
per tour is due. The non-refundable deposit and medical
form of applicable should be sent to the Company or its
Agent. For insurance purposes as well as the nature of 70
years of age and over, or those younger withe pre-existing
medical conditions are required to complete a One Earth
Peru Medical form wich must be signed and dated by
a physician and returned with your final payment or you
will not be permitted to travel. These forms will be included
in your pre-departure document, (or you can see them on
our website at: www.oneearthperu.com) |
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FINAL PAYMENT/ACCEPTANCE OF BOOKING/CLIENT
DETAILS
(a) Final Paymant for One Earth Peru
trips
acceptance of the Client´s booking must be confirmed
in writting by the Company. Please refer to your confirmation
invoice for details regarding final payment. Payment of
the balance of the tour price is due 60 days before the
departure date. If a booking is made 60 days or less before
the departure date then the full amount is payable at the
time your booking is confirmed. If this balance is not paid
at the time your booking is confirmed the Company reserves
the right to treat the Client's booking as cancelled.
(b) Final Payment for
Special Departures & Other Companies Trips operated
through us.
acceptance of the Client´s booking must be confirmed
in writting by the Company. Please refer to your confirmation
invoice for details regarding final payment. Payment of
the balance of the tour price is due 60 days before the
departure date. If a booking is made 90 days or less before
the departure date then the full amount is payable at the
time your booking is confirmed. If this balance is not paid
at the time your booking is confirmed the Company reserves
the right to treat the Client's booking as cancelled.
(c) Clients Details
in order for the Company to confirm and guarantee the Client's
travel arrangements the Client must provide all client details
with their deposit. If the Client does not provide all client
details within 60 days before departure, or 90 days for
those trips including or doing the Inca Trail to Machupicchu
in Peru, a fee of USD100.00/CAD$100.00 will be charged to
the file & the Company wont be resposable for the problems
on reservations this may cause during the trip. Client details
include Passport number (the one you will be traveling with),
copy of passport details and medical form (where applicable),
full name, date of birth and nationality. |
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LAST MINUTE BOOKINGS
For any bookings made within 15 days of departure, there
will be a USD$50.00/CAD$50.00 fee charged to the file. This
last minute booking fee covers our additional costs for
couriers, communication, and administration. |
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CANCELLATION BY THE CLIENT
Any cancellation by a Client must be made in writing and
acknowledged by the Company. The date on which the letter
is received by the Company or its Agents will determine
the cancellation charge applicable.
(a) Cancellation for One Earth Peru
Trips - (excluding Special Departures & Other Companies
Trips operated through us.) The cancellation charges are
expressed hereafter as a percentage of the total tour price,
excluding insurance.
A. Cancellation more than 60 days before departure: Loss
of deposit.
B. Cancellation 59-30 days before departure: 50% of tour
price.
C. Cancellation less than 30 days before departure: 100%
of tour price.
(b) Cancellation for Special Departures
& Other Companies Trips operated through us. The cancellation
charges are expressed hereafter as a percentage of the total
tour price, excluding insurance.
A. Cancellation more than 90 days before departure: Loss
of deposit.
B. Cancellation 89-60 days before departure: 50% of tour
price.
C. Cancellation less than 60 days before departure: 100%
of tour price.
In addition to the cancellation fees detailed in 5(a) and
5(b), the full insurance premium for any insurance arranged
through the Company's Agents is also payable in the event
of a cancellation. You are strongly advised to take out
cancellation insurance at the time of making the booking
as this will cover cancellation charges in certain circumstances.
(Note: such insurance will not cover a change of mind.) |
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CANCELLATION OF A TOUR BY THE
COMPANY
The Company reserves the right to cancel a tour for any
reason, but will not cancel a tour less than 60 days before
departure except for force majeure, unusual or unforeseen
circumstances outside the Company's control. When a tour
is cancelled by the Company, the Client may choose between
a full refund of all monies paid or any alternative tour
offered by the Company. The Company is not responsible for
any incidental expenses that you may have incurred as a
result of your booking such as visas, vaccinations, non-refundable
connecting flights or loss of enjoyment, etc. If the alternative
tour chosen by the Client is of a lower value than that
originally booked then the Client is entitled to a refund
of the price difference. If the alternative tour chosen
by the Client is of a higher price than that originally
chosen then the Client must pay the difference. |
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UNUSED SERVICES
There will be no discounts or monies refunded for missed
or unused services, this includes voluntary or involuntary
termination, ie. sickness, death of a family member, etc. |
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PRICES AND SURCHARGES
We reserve the right to impose surcharges (price increases)
up to 60 days before departure due to unfavourable 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 tour cost
excluding insurance premiums the Client may cancel the
booking within 14 days of notification of the surcharge
and obtain a full refund. |
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PRICES VALIDITY
The prices in our website are based on airfares, exchange
rates and costs in effect at time of posting to our website.
One Earth Peru reserves the right to alter prices
for new bookings if these rates change substantially.
For trips departing between January 1st, 2006 and December
31, 2006, - the land price of your trip is guaranteed
when you pay your deposit, subject to the right of the
Company to impose surcharges as stipulated in section
8 of these Terms and Conditions. Dates and itineraries
in this web site are valid from January 1st 2006 until
December 31st, 2006. Beyond December 31st, 2006 dates,
itineraries and prices are indicative only. |
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FLEXIBILITY
The Client appreciates and acknowledges that the nature
of this type of travel requires considerable flexibility
and should allow for alternatives. The itinerary provided
for each tour is merely representative of the types of
activities contemplated, and the Company is under no contractual
obligation to strictly follow it. 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, which may
include sickness or mechanical breakdown, flight cancellations,
strikes, events emanating from political disputes, entry
or border difficulties, climate and other unpredictable
or unforeseeable circumstances. |
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CHANGES
(a) Changes made by the Company: The
Company reserves the right to change any of the facilities,
services or prices described in the brochure before a
booking is made. If such a change is made, the Client
will be told at the time of booking or when the change
occurs. While the Company will endeavour to operate all
tours as advertised, reasonable changes in the itinerary
may be made where deemed necessary or advisable by the
Company. If the Company makes a major change the Company
will inform the Client as soon as reasonably possible
if there is time before departure. The definition of a
major change is deemed to be a change affecting at least
two days in five of the itinerary. If the major change
is due to force majeure or unforeseen circumstances no
compensation is payable. When a major change is made the
Client may choose between accepting the change, obtaining
a full refund of all monies paid or accepting any alternative
tour offered by the Company.
(b) Transfer to another departure (by
Client): A transfer from one tour to another can only
be made more than 60 days, (90 days for Special departures
& Other companies trips operated trough us) before
departure date and if approved by the Company. If such
a request is accepted by the Company, the Company reserves
the right to charge an administration fee of 10% of the
value of the first booked tour. Any request to transfer
received less than 60 days, (90 days for Special deparures
& other companies trips operated trough us) before
departure will not normally be accepted. In this case
the Client must cancel the booking and then re-book on
another tour. A Client may only transfer a booking to
a departure date in the current season and may not transfer
a booking to future seasons. Any such transfers will be
regarded as cancellations and cancellation fees will apply.
(c) Transfer of name: If you are prevented
from traveling on the tour you booked by circumstances
such as those which would permit you to make a claim on
a standard cancellation insurance policy, you may transfer
your booking to another person, provided they meet all
the requirements relating to that tour. More than 60 days,
(90 days for Special departures & other companies
trips operated trough us) before departure, administrative
fee of 10% of the total value of the tour will apply.
Within 60 days, (90 days for Special departures &
other companies trips operated trough us) name transfers
are not permitted.
(d) Amendments: Within 60 days of departure
any amendments to a file will depend on availability and
will be on a request basis. Any extra costs incurred for
making the change will be charged along with an amendment
fee of USD$50.00/CAD$50.00. No amendments are permitted
to your booking within 10 days of departure.
Note: scheduled airlines may impose 100%
cancellation charges. |
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| 12. |
ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous
and may involve a significant amount of personal risk. The
Client hereby assumes all such risk and does hereby release
the Company from all claims and causes of action arising
from any damages or injuries or death resulting from these
inherent risks. |
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| 13. |
AUTHORITY ON TOUR
At all times the decision of the Company's tour leader or
representative will be final on all matters likely to endanger
the safety and well being of the tour. By booking with us
the Client agrees to abide by the authority of the tour
leader, who represents the Company. The Client must at all
times strictly comply with the laws, customs, foreign exchange
and drug regulations of all countries visited. If the Client
is affected by any condition, medical or otherwise, that
might affect other people's enjoyment of the tour, the Client
must advise One Earth Peru at the time of booking.
Should the Client fail to comply with the above or commit
any illegal act when on the tour or, if in the opinion of
the tour leader, the Client's behavior is causing or is
likely to cause danger, distress or annoyance to others
we may terminate that Client's travel arrangements without
any liability on the Company's part and the Client will
not be entitled to any refund. |
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| 14. |
TRAVEL DOCUMENTS
(a) The Client must be in possession of
a valid passport required for entry, departure and travel
through each destination point along the itinerary of the
tour, (your passport must be valid 6 months past your return
date), all visas, permits and certificates including vaccination
certificates, insurance policies, required for the whole
of the journey. The Client accepts full responsibility for
obtaining all such documents and permits, and is solely
responsible for any adverse consequences resulting from
missing or defective documentation. Any information or advice
given by the Company regarding visas, vaccinations, climate,
clothing, baggage, 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 the information
provided.
(b) To expedite the issuing of One Earth
Peru travel documents please note that all tour related
travel documents such as vouchers, itineraries and invoices
will be sent via email or will be available on our website
once full payment has been received by the Company. The
Company reserves the right to impose a fee for those Clients
who wish to receive paper documents. |
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| 15. |
FACTORS OUTSIDE THE COMPANY'S
CONTROL (FORCE MAJEURE)
Company 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 for the Company's
failure 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 Act
of God, war or war like operations, terrorist activities,
civil commotions, labor difficulties, whether or not Company
is a party thereto, interference by authorities, political
disturbance, howsoever and where so ever any of the same
may arise or be caused, riot, insurrection and government
restraint, fire, or any other cause whatsoever beyond the
reasonable control of Company. |
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INSURANCE
It is mandatory that all Clients obtain travel insurance
with a minimum coverage of US$75,000 while travelling with
the Company and this insurance must cover personal injury,
medical expenses, repatriation expenses, and evacuation
expenses. It is strongly recommended the coverage be extended
to include cancellation, curtailment, loss of belongings
and all other expenses which might arise as a result of
loss, damage, injury, delay or inconvenience occurring to
the Client. When the Client has obtained travel insurance
through the Company, the Client acknowledges that he or
she is satisfied with the levels of insurance arranged by
the Company. Where the Client has declined to purchase insurance
through the Company, the Client acknowledges that the cost
of the tour does not include insurance, and that the Client
is required to obtain separate coverage at an additional
cost. When obtaining travel insurance from a source other
than the Company the Client must ensure the insurer is aware
of the type of travel to be undertaken. |
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RESPONSIBILITY FOR YOUR TOUR
All services herein are organized by One Earth Peru
or their direct Agents. Notice is hereby given that all
arrangements made on behalf of customers are made by organizers
on the sole condition that the organizers shall not be held
responsible for any injury, death, accident, delay, loss,
damage or irregularity which may be occasioned through acts
of any company and/or persons engaged in carrying out the
arrangements. One Earth Peru acts as an agent for
transport companies, hotels and other contractors and shall
not be held liable for any injury, damage, loss, delay or
irregularity that may occur, including, but not limited
to, any defect in a vehicle or any other form of conveying
a traveller, acts of God, detention, delays or expenses
arising from quarantine, strike, riots, theft, force majeure,
civil disturbance, government restriction or regulation,
accident by aircraft, boat, bicycle, motor vehicle or any
other form of transport or in any hotel or guest house,
pension, or other form of accommodation. The Client acknowledges
that the quality of the products organized by the Company,
including accommodations and all other services related
to the tour which are organized by the Company, are not
within the control of the Company and that in any event
the quality of such products may be compromised by local
conditions. Accordingly, the Client hereby releases the
Company from all claims and causes of action arising from
any damages, loss of enjoyment, inconvenience, or injuries
related to the quality of such products. The information
contained in this brochure is correct to the best of the
Company's knowledge and the Company accepts no liability
for any innocent inaccuracies contained herein. The Company
reserves the right to alter any itinerary in progress or
service at any time without penalty to the Company. Any
additional expense or cancellation shall be borne by the
customer. The organizer reserves the right to withdraw or
refuse any service to any customer at the discretion of
the organizer. Payment of deposit is taken as acknowledgement
and agreement of the above items. |
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| 18. |
CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company the Client
must first inform the tour leader or company representative
whilst on the tour in order that the leader/representative
can attempt to rectify the matter. If satisfaction is still
not reached through these means then any further complaint
must be put in writing to the Company within 30 days of
the end of the tour. The Company will not accept any liability
for claims received after this period. |
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SUPPLIERS CONDITIONS
Airlines, railways, coach and shipping companies and other
suppliers have their own booking conditions or conditions
of carriage, and you will be bound by these as far as the
relevant transport provider or supplier is concerned. Some
of these conditions may limit or exclude liability on the
part of the relevant transport provider or other supplier,
and they are often also subject to various international
conventions. Where relevant, copies of such conditions may
be available for inspection at our offices, or at the offices
of the relevant supplier. |
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LOCAL CONDITIONS
Client acknowledges that she/he will be visiting places
where the political, cultural and geographical attributes
present certain risks, dangers and physical challenges greater
than those present in our daily lives. By booking travel
with the Company, Client acknowledges that she/he has considered
the potential risks, dangers and challenges, and expressly
assumes the risks attendant to such travel conditions. Client
is solely responsible for acquainting her/himself with the
customs, weather conditions, physical challenges and laws
in effect at each stop along the itinerary, and is encouraged
to locate or make contact prior to embarkation with his/her
local embassy or consulate in each destination. |
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| 21. |
OPTIONAL EXTRAS
Optional extras do not form part of the tour or contract.
It is understood and accepted by the Client that any assistance
given by the tour leader or representative in arranging
optional extras does not render the Company liable for optional
extras. Amongst others, optional extras include rafting,
sightseeing flights and other extras which are not included
in the tour price. |
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SEVERABILITY
In the event that any term or condition contained herein
is unenforceable or void by operation of law or as being
against public policy or for any other reason then such
term or condition shall be deemed to be severed from this
Agreement or amended accordingly only to such extent necessary
to allow all remaining Terms and Conditions to survive and
continue as binding. |
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| 23. |
SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of
and be binding upon the Company and the Client and their
respective heirs, legal personal representatives, successors
and assigns. |
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| 24. |
ERRORS AND OMISSIONS
Although the Company has made a concerted attempt to verify
the accuracy of statements made herein and the Company cannot
be held responsible for any error, omission or unintentional
misrepresentation that may appear in this document. |
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PRIVACY POLICY
We will provide your personal information, as well as any
personal information you provide in relation to the persons
whose travel arrangements have been requested by you, to
suppliers and carriers to enable the operation of the services
requested by you. We do our utmost to protect your personal
information. Please refer to our website for the Company's
Privacy Policy. |
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| 26. |
APPLICABLE LAW AND CHOICE OF
FORUM
This Agreement shall be governed by the laws of Peru. Each
party hereto irrevocably submits to the exclusive jurisdiction
of the Poder Judicial of Peru, (General court of Peru) Lima,
Peru in respect of any action or proceeding relating in
any way to this agreement. |
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