1. Peru Trek 4 Good is a trip organizer and facilitator. All of the Trips and Treks we offer are in conjunction with local registered and/or licensed companies in the Trip’s/Trek’s destination.
2. CANCELLATION OF TRIP/TREK BY THE CLIENT:
Please note that the trip/trek total amount is not all refundable. The deposit is used ASAP to reserve and book spaces and tickets. Once we have made & paid: a trip/trek reservation with the government authorities, hotels, airlines, train companies, etc; we cannot then change any details of the reservation (your name, passport number or departure dates). If you have to cancel your trip/trek booking government authorities, hotels, airlines, etc; will not let us fill your cancelled spaces with other clients, in the group tours we will just have to depart with a smaller less-economic group.
IF YOU CANCEL THE TRIP Please note that the trip/trek amount is just refundable as follows:
a.- More than 180 days before the trip/trek: 80% of the total amount
b.- 180-91 days before the trip/trek: 70% of the total amount
c.- 90-31 days before the trip/trek: 60% of the total amount
d.- 30 days – 21 days before the trip/trek: 40% of the total amount
e.- 20 – 8 days before the trip/trek: Lost of almost all the total amount and all the payments done with the trip/trek amount, only few payments we HAVE NOT DONE until this day will be refunded.
f.- 7 – 0 days before the trip/trek: NO SHOW; lost of all the total amount
- IF YOU ARE BOOKING THE INCA TRAIL: ADDITIONAL US$300 PER PERSON IS NON REFUNDABLE
- IF YOU ARE BOOKING INTERNAL FLIGHTS WITH US AND YOU CANCEL, YOU WILL BE IN CHARGE OF REQUESTING THE REFUND FROM THE AIRLINE.
BALANCE:
(i) Note that if the trip/trek BALANCE is not received prior to 7 pm of the Mentioned/Agreed date before trip/trek departure then the trip/trek will be deemed to have been cancelled and the deposit cannot be returned.
(ii) Once you have started the trip/trek we cannot refund any portion of the costs. We cannot make any cash refunds. Failure to be able to continue with the trip/trek will be treated as a cancellation. You must meet any costs associated with returning to the city of departure. These costs include all transport costs (you, the guide and any friends accompanying you), hotel accommodation and any medical expenses.
In the event of any trip/trek cancellation we will be happy to cooperate in providing any necessary documentation to enable a legitimate insurance claim.
3. CANCELLATION OF THE TRIP/TREK BY Peru Trek 4 Good
We have no intention of canceling any of our clients trip/trek reservations and can confirm that to date Peru Trek 4 Good has been lucky never to have had to cancel a trip/trek due to either failure to purchase the trip/trek permits for the group in time or due to matters outside of our control such as strikes or landslides.
(i) Cancellation of trip/Trek due to failure to purchase any trip/trek permit: If in the event that we have to cancel any trip/trek due to failure or inability to purchase your trip/trek permit we will notify you by email as soon as we become aware of such matters. We will hold your deposit payment for your collection in our office. If you are unable to come to the office we will return it to you by PayPal, company check or Western Union less the transfer charges related with sending it to you.
(ii) Cancellation of trip/trek due to matters outside of the control of Peru Trek 4 Good (Force Majeure). If in the event that we have to cancel your trip/trek due to Force Majeure we will do our best to offer an alternative trip/trek. If we are unable to offer an alternative trip/trek (i.e. a strike or road block prevents the group from leaving) then we will refund only the proportion of the cost of the trip/trek that has not already been spent or committed to operating the trip/trek. The amount spent or committed to operating the trip/trek could include, but not limited to, entrances fees, train tickets, guide and porter wages, contracted buses, perishable goods etc. You will have to reclaim the remaining proportion on your travel insurance.
4. PRICES AND SURCHARGES
As we publish our prices well in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control. As such we reserve the right to impose surcharges (or price decreases) up to 2 days before departure due to increases in trek permits (entrance fees), unfavorable exchange rates, increases in train fares or other transport costs or if government action (taxes) should require us to do so.
If any of the third party costs change to increase the cost of the trip/trek we will immediately update the trip/trek price listed on our website. We will email all of our clients affected by the price increase who will be liable for paying the increased cost of the trip/trek upon arrival in Peru.
We highly recommend having a health and travel insurance.
5. RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
1. TRIP AND ASSOCIATED RISKS - I have chosen to participate in the requested trip/trek (hereinafter referred to as "the Trip"), which is organized by Peru Trek 4 Good. I understand that:
The Trip involves activities that are inherently hazardous, including those described in the Trip Itinerary, which has been provided to me
During the Trip, I may be exposed to dangers and hazards, including equipment failures and negligence by others;
As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;
Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and
Peru Trek 4 Good assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS - I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of Peru Trek 4 Good, its employees and officers, its contractors, and other trip participants.
3. WAIVER AND RELEASE OF LIABILITY - I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against Peru Trek 4 Good, its employees, officers, directors, vendors and contractors ("Released Parties"), where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur on the Trip.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE - I promise to INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. OTHER FORMS & TERMS - I have carefully read Peru Trek 4 Good's Terms and Conditions, "Activity Level and RISKS & HAZARDS," and, if participating on a Peru Trek 4 Good Trip, I have also carefully read the itinerary, and have familiarized myself with all of the information provided to me about the Trip and its rating. I agree to all of the conditions in the Reservation Information- including the sections about my responsibilities and Peru Trek 4 Good legal limitations. I acknowledge that Peru Trek 4 Good has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.
6. SEVERABILITY - I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
7. APPLICABLE LAW, FORUM & ATTORNEY'S FEES - This agreement is governed by and shall be construed in accordance with the laws of Peru, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be brought in the Superior Court of Peru or in any other country, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.
6. AUTHORITY ON TOUR: At all times the decision of the company's guide or representative will be final on all matters likely to endanger the safety and well being of the tour group. The client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of the country visited. Should the client fail to comply with the above, or should the client interfere with the well being of the group then the guide or company representative may order the client to leave the tour without recourse to any refund.
7. TRAVEL DOCUMENTS: The client must be in possession of a valid passport and all visas required for the whole journey and the client accepts responsibility for obtaining the same. Any information or advice given by the company on visas, vaccinations, climate, clothing, baggage, special equipment, etc is given in good faith but without responsibility on the part of the company.
8. FACTORS OUTSIDE THE COMPANY'S CONTROL (FORCE MAJEURE): The Company will do its best to minimize the effects of matters outside its control, but cannot accept any liability for these matters which include political disputes, industrial action, unforeseeable climate, road blocks, landslides, problems with the railway between Aguas Calientes and Cusco, delayed trains etc. In order to avoid strike action which has been planned on certain days the group may have to depart in the evening before the planned trip/trek departure date. We will not be responsible for any costs associated with unused flights, or partly used accommodation services due to this earlier than planned departure. Failure to agree to depart at this earlier time will be considered a trip/trek cancellation by the client.
9. INSURANCE: It is the client's responsibility for obtaining sufficient personal travel insurance. The client is willing to accept full responsibility for insurance up to limits that the client may require. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury delay or inconvenience occurring to the client. It is highly recommended that all clients have personal travel insurance. When obtaining travel insurance the client must ensure that the insurer is aware of the type of travel to be undertaken.
10. RESPONSIBILITY: The Company shall not be liable for any damage or loss if the failure to carry out the contract is: 1) attributable to the client 2) attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable 3) due to unforeseen and unusual circumstances beyond the company's control, the consequences of which could not have been avoided even if all due care had to be exercised. 4) Due to political disputes, industrial action, climate or other matters of a similar nature and any other force majeure. 5) due to an event which the company, even with all due care could not foresee or forestall. Any liability is limited to the full price paid for the tour. In all cases the company specifically excludes all liability for indirect or consequential loss or expense including loss of profits.
11. CLAIMS AND COMPLAINTS: If a client has a complaint against the company the client must first inform the trip/trek guide or company representative while on the tour in order that the guide/representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 7 days of the end of the tour.
12. LOCAL CONDITIONS: Due to political and cultural differences, as well as generally tougher physical conditions, travel to the areas we visit involves some times risks other than those you may take in your daily lives. It is important clients make themselves aware of the risks involved, and are responsible for making their travel plans accordingly.
13. Included in Peru Trips/Treks: Everything included in each trip/trek is clearly described below and inside each itinerary, so please read them carefully and if you have any doubt contact the company.
13. NOT INCLUDED: Non described International & national airfares, tips, airport departure taxes or visa fees, excess baggage charges, additional nights during the trip due to flight cancellations, alcoholic and non-alcoholic beverages or bottled water, non described meals & snacks, insurance of any kind, laundry, phone calls, radio calls or messages, reconfirmation of international flights and items of personal nature.
14. HEALTH CONCERNS: You must notify us at the time of booking of any health conditions you have or medications you are currently taking. We reserve the right to reject any application on the basis of health at our sole discretion. Sometimes you will be traveling in rugged terrain and professional healthcare may be miles from your location. We will do our best to apply simple first aid to injuries on the trails. We are NOT certified to administer any health assistance by any organization whatsoever. You should consult the Center for Disease Control for vaccinations or shots suggested for the country or countries you will be traveling in.
RAVEL WARNINGS: We organize trips/treks; we do not provide medical care, medical advice, safety warning or hazardous travel notices. The State Department or your local Embassy can give you expert advice on travel conditions, we cannot and will not. Anything we say about travel safety is NOT UNDER ANY CIRCUMSTANCES to be construed to be expert advice. You must consult the State Department or Embassy and make your own determination based upon your own reading of the information provided by those agencies.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child's being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 5) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that law does not permit to be excluded by agreement.
