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1. The contract between the Client and Cusco Explorer’s SAC
To secure a booking with Cusco Explorer’s SAC, the client must deposit US$200 or 30% of the total amount due, whichever is greater. This deposit is non-refundable. In case of cancellation, the deposit less the money already expended on subcontracted services may be used toward future travel withCusco Explorer’s SAC. Clients booking by telephone, facsimile or email will be deemed to have read the booking conditions.
Booking is accepted and becomes definite from the date Cusco Explorer’s SAC has received the client’s deposit. It is at this point that a binding contract between Cusco Explorer’s SAC and the Client comes into existence.
The contract is between Cusco Explorer’s SAC and the Client, being all persons named on the booking form. The person signing the booking form, warrants that he/she has full authority on behalf of all the persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions.
2. Changes by the Client
Any changes to the original booking must be confirmed by the person signing the booking form. Any costs or charges, which we incur or which are incurred or levied by our suppliers as a result of the amendment, will be charged to the Client. Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed.
3. Substitution of Client
If any member of your party is prevented from traveling, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 30 days prior to departure. An administration fee of US$ 50 will be levied plus any costs imposed by Cusco Explorer’s SAC suppliers. Airlines may impose 100% cancellation charges and the cost of a new ticket.
4. Cancellation by the Client
The Client may cancel the booking at any time provided that the cancellation is communicated to Cusco Explorer’s SAC in writing. Cancellation charges will be applied as shown below calculated from the day written notification is received by Cusco Explorer’s SAC. In addition to the charges shown below airlines may impose 100% cancellation charges. All reservations cancelled less than 45 days prior to the departure date of the tour are subject to a cancellation fee:
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| Period before departure written notification is received |
Cancellation fee as a percentage
of the holiday price |
| 29-22 days |
40% |
| 21-9 days |
75% |
| 8 days or less |
100% |
In case part of a booking is cancelled, the remaining party may have to pay additional charges (e.g. under-occupancy, or single room supplements).
The Inca Trail is non-transferable and any cancellation of the Inca Trail will be subject to a 40% cancellation charge regardless of the date of cancellation. If however, cancellation occurs within 22 days of departure or within 9 days of departure, the above cancellation charges of 75% and 100% will apply respectively. Cancellation of any extra Inca Trail service (such as extra porters) will result in a 100% cancellation charge for the specific extra service regardless of date of cancellation.
5. Changes and Cancellation by Cusco Explorer’s SAC
While Cusco Explorer’s SAC will use its best endeavors to operate all tours as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions. Cusco Explorer’s SAC reserves the right at any time to cancel or change any of the facilities, services or prices (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
If a major change is known to us, the Client will be told at the time of the booking.
If a major change becomes necessary after booking Cusco Explorer’s SAC will inform the Clients as soon as reasonably possible.
When a major change is made the Client will have the choice of accepting the change of arrangements, purchasing any other available tour or canceling the tour and obtaining a full refund. Provided that the major change is not because of force majeure.
Force majeure is war, threat of war, riots, civil strife, industrial dispute, terrorist activities, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by cancellation or rescheduling of flights by an airline, the alteration of airline or aircraft type, or other similar events beyond the control of Cusco Explorer’s SAC.
Cusco Explorer’s SAC is not liable for any charges in the event of a change -beyond their control- to the departure time or date of a tour, flight or other form of transport.
6. Surcharges
a. For any given price increase, Cusco Explorer’s SAC will absorb price increase loss if total Cusco Explorer’s SAC prices for the Client's package increase less than 4% for those clients booking/making their initial deposit at least 6 months in advance. If the increasing exceeds the 4% the Client will be asked to pay for 100% of the difference. If clients book less than 6 months in advance this % becomes 2%.
b. For any given price increase, Cusco Explorer’s SAC will absorb price increase loss if total Cusco Explorer’s SAC prices for the Client's package increase less than 4%. If the increasing exceeds the 4% the Client will be asked to pay for 100% of the difference.
7. Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventive medicines as may be required for the duration of the tour. Information about these matters or related items is given in good faith but without responsibility on the part of Cusco Explorer’s SAC.
8. Age, Fitness and Participation
All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their choosing. Persons over 60 years of age will be advised to obtain medical evidence of fitness to travel on the chosen itinerary. No unaccompanied minors (those under 18 years of age) can be accepted on tours operated by Cusco Explorer’s SAC, however older teenagers may be considered provided they are accompanied by a parent or guardian who accepts full responsibility for them. Cusco Explorer’s SAC reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of Cusco Explorer’s SAC´ employees, tour leaders and agents, whilst on the tour with Cusco Explorer’s SAC. If in the opinion of such person the health or conduct of a Client before or after departure appears likely to endanger the safe, comfortable or happy progress of a tour, the Client may be excluded from all or part of the tour. In case of ill health Cusco Explorer’s SAC may make such arrangements as it sees fit and recover the costs thereof from the Client.
9. Our responsibility
- Cusco Explorer’s SAC cannot guarantee the accuracy of any hotel, resort or other leaflet which is not published by them but may be supplied as an additional service to the Client.
- Cusco Explorer’s SAC accepts responsibility for ensuring that the holiday which the Client books with them is supplied as described in the final version of the travel program the Client will receive upon arrival and the services reach a reasonable standard.
- Cusco Explorer’s SAC acts only in the capacity of an agent upon the legal conditions that, while exercising every possible precaution, it is not responsible for injury, sickness, damage, loss, additional expenses, accidental delay, or other irregularities which may be caused either through willful or negligent acts or omissions made by the companies or individuals providing or engaged in transportation, accommodation or other services related to the accomplishment of the tour, or through natural disasters, social upheavals or other causes.
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