TERMS OF SERVICE AGREEMENT
COVID 19 UPDATED BOOKING TERMS OF SERVICE
Due to the COVID-19 pandemic we only run private trips, it could be a group of friends or family it is require a minimum of two people per booking. We will adhere this COVID-19 policy until the vaccine is distributed and proven its effectiveness to all travelers who book with us.
We alert you due to COVID-19 pandemic and any subsequent pandemic waves and variants, there might be border closures, quarantine measures, lockdowns that changes the entry requirements, and any other factors that may alter the booking conditions. So, for the following will apply:
Tours departing from 01 November 2020
All tours departing from 01 November 2020 will continue as planned. If there are changes, or if your trip is suspended by us or has to be suspended due to closed borders or travel restrictions due to COVID-19, we will postpone trips and offer you re-booking travel credits (excluding non-refundable costs i.e. flights, government permits.) to be used for the same trip in the future or for any trips we have available through 31 December 2021.
Rebooking Travel Credits Covid-19 Policy:
You will receive a 100% credit booking of the money paid, whether you paid a deposit or full amount, which you can use in your future trips with us. We will automatically set the credit to your booking account. If you want a later departure date you can re-book your trip whenever you are ready to. The credit can be used on all our trips offer on this website and it is available for trips departing by 31 December 2021. We want to provide with as much flexibility as we can, so that you have plenty of time to plan your trip.
These Terms are effective as of August 02, 2020.
1. INTRODUCTION AND ACCEPTANCE
Please read these Terms of Service agreement (these “Terms”) carefully, as it constitutes legal binding terms and conditions between you, as the user of our travel services and products, and the Get in Peru Outdoor Experience (“The tour operator”). These terms apply to all your booking(s) via this website/or direct via email. By paying a deposit you acknowledge that you have read, understand and agree to adhere to these Terms. If you make a booking on behalf of other participants you guarantee us that you have the authority to accept these Terms for the other participants in your party.
2. INTELLECTUAL PROPERTY RIGHTS
As between you and Get in Peru Outdoor Experience (“The tour operator”), The tour operator owns all content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, etc.) publish on this website and social media with our brand name of GET IN PERU. We also notified you that by booking with us you authorize us to take photos, record videos, film while you do your tours with us, the tour operator may use such recordings as its complete discretion without any prior approval.
3. DIGITAL COPYRIGHT
All digital content is exclusive property of GET IN PERU OUTDOOR EXPERIENCE and its brand name GET IN PERU, we require users to respect our copyrights, other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If we are going to use the intellectual property of third parties, we will previously require them.
The amount debited will be the amount shown in US dollars on your invoice. This will be charge to your card at the amount shown or converted to your local currency by your debit or credit card company. Depending upon the currency of the booking, your card’s currency and the country in which your card was issue, your card provider may impose foreign exchange fees in accordance with your arrangements with that card provider. We are not responsible for currency conversion or any fees imposed by your card or bank provider and any questions relating to such matters should be discuss direct to them. All purchases made through third party service providers are subjected to their respective terms and conditions, and in the event of conflict between such third party’s terms and conditions and these Terms, the terms and conditions of the third-party service provider shall govern and control. GET IN PERU is not responsible and has no liability whatsoever for goods and services you obtain through our third-party service providers or other websites, this includes such flights, trains, government fees, etc. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction.
A 50% deposit is required per person per trip to reserve dates. Deposits are non refundable or transferable under any circumstance. If your booking is made within 20 of the departure dates then a full amount is required to be pay at the time of booking.
Your remaining balance is due at least 10 days prior to your trip departure and is not refundable upon completion of payment. You agree to pay your final invoice at least 10 days prior to your trip departure or Get in Peru may subject you to late fee (5% prior to departure). If payment is not made at least 5 days prior to the departure then your reservation will be terminated. The operator reserves the right to cancel your itinerary should payment not be received within 5 days prior to your departure. AT NO EXCEPTIONS. We do not provide refunds due to food poisoning, altitude sickness, family emergencies, acts of God, or any other reason given by the passenger(s), for this reason we strongly recommend to purchase a travel insurance.
*Late fee: A late fee is charge to all Inca Trail/Machupicchu trips that come by itself or in a package and will be subjected to the whole package price, late fee surcharges apply if Final Payment is not deposited within 10 days prior to trip departure. A package is any day tour booked in combination with other day tour, i.e., 2 or more tours create a package.
5. GUARANTEED, CANCELLATION AND REFUND POLICY
Get in Peru may revise any or all of the fees and prices at any time for any reason. Further, while we try to be as accurate as possible when describing and displaying our services and products, The Operator does not guarantee and is not able to control the weather and there is always the possibility of hiking in rain, wind, snow, hail, mist or fog. Conditions can change at any moment and without notice. Should the Operator need to cancel the tour midway through the tour, no refunds will be provided. The Operator reserves the right to alter, amend or cancel any trip should weather or any other circumstance necessitate this.
A departure date for a tour offered by Get in Peru will become a guaranteed departure after paying a 50% deposit and there is already a minimum of two people, if not, a minimum of two passengers + 50% deposit is require to make a confirm departure date, shall depart as scheduled (subjected to reasonable itinerary changes as contemplated elsewhere in these terms). Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee. This guarantee is not applicable in the case of Force Majeure, see on the section number 11.
The participant acknowledges that the nature of Get in Peru’s services and products are oriented to adventure and outdoor activities, under this circumstances the participant gives us the right to do reasonable alterations to modify schedules, routes, accommodations, activities, and mode of transportation are subjected to change at any time with or without prior notification to the participant(s) as well as Get in Peru will not be liable in any form for such changes due to unforeseeable circumstances or events outside of our control.
Cancellation by participant
The participant may cancel their booking by notifying us via email: [email protected]. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel was received by Get in Peru and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any bank fees and insurance products.
- Cancellation received 21 days or more before departure date is 50% refundable, however, instead of refund if customer wants they will receive a 100 % credit based on the paid amount towards future travel valid for 1 year from the original booking.
- Cancellation received within 20 – 10 days before departure date is 25% refundable, this policy does not affect to Inca Trail where only 10% of the package shall be refunded to the client.
- Cancellation less than 9 days before departure date is non refundable under any circumstances.
Due to the nature and condition of our trips offered, once the tour has departed, no portion of the package payment is refundable in the event of an individual or group being unable to proceed further on the trip, for whatever reason. Should the trip be cancelled prior to departing, the customer will receive a credit towards future travel in the correspond percentage amount valid for 1 year from the original booking., ie, altitude sickness, food poisoning, family emergencies, acts of God, or any other reason given by the passenger. We are not responsible for any expenses or any consequential losses that the client have incurred as a result of the cancelled booking such as visas, non refundable flights, travel insurance, vaccinations, car parking, loss of enjoyment, or any other expenses. We do not provide refunds. We strongly recommend to purchase a travel insurance.
Cancellation by GET IN PERU
The Operator reserves the right to cancel, alter or amend any trip at any time prior to departure. Should the weather, natural disasters, political instability, strikes, riots, terrorism or any other external circumstance necessitate this that makes us impossible to run the planned itinerary.
If a tour is cancelled by Get in Peru, the participant can transfer amounts paid to alternative departure date or received a full refund for unused Service. In circumstances where the cancellation is due to external events outside our control will be less uncoverable costs. We are not responsible for any expenses or any consequential losses that the client have incurred as a result of the cancelled booking such as visas, non refundable flights, travel insurance, vaccinations, car parking, loss of enjoyment, or any other expenses.
Package refund policy
A package is any day tour booked in combination with other tour, i.e., 2 or more tours create a package. No refunds or discounts will be issue for goods or services that are missed or unused by the participant after departure. Except in circumstances where a component of the package is cancelled due to bad weather or any other unforeseen circumstances, prior to departure by the operator. In this case any refunds will be made on the discounted price portion of the package and not on the full listed price rate. For example: Sacred valley tour + Machupicchu 2 days, package cost = XXX. Should the Sacred Valley tour be cancelled you will pay full price for Machupicchu tour ($XYZ) and will be refunded the discounted rate of Sacred Valley ($ABC).
6. CONFIRMATION EMAIL
Get in Peru will send you a confirmation email plus a PDF on completion of your payment on which we will include information such itinerary, important details, what you need to bring, what is supplied and where you need to be at what time. Please make sure you read the information we will send you thoroughly to ensure you are adequately prepared for your trip. You are responsible for ensuring yourself with the appropriate clothes, footwear and gear you need for each trip.
7. TRAVELER DOCUMENTS AND PASSENGER REQUIREMENTS
All participants are entirely responsible for carrying their identity documents, you and the rest of participants in your party must carry a valid passport with 6 months beyond the duration of the trip and have obtained all the appropriate visas, certificates and any other document if required by the country you are going to visit, you accept and ensure us the possession of the documents require for your trip. Get in Peru is not responsible if you are refused to enter to a country or trail due to incorrect passport or any other documentation required.
If you or other participants in your party have special dietary requirements, please let us know at the time of booking, however the tour operator will always ask you at the time of booking. All dietary requirements must have been notified at the time of booking otherwise the tour operator might not be able to accommodate to the passengers need. If you have any allergies to food that are life threatening you are required to carry the proper medical equipment should a contamination reaction occur.
8. USER CONDUCT
Get in Peru wants the best for all its clients making their trips fun, safe and enjoyable for everyone, in order to keep this harmony, the use of this tour operator company for unlawful or harmful activities is expressly prohibited. You agree that while using our services at all times, you shall not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation;
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engage or encourage to violate the ESNAA Peruvian ruleabout sexual abuse against children or against anybody.
For all the above you are alert that any infringement against the laws you will respond to the court and assume all liabilities.
All passengers agree to listen to their guides, drivers, hosts, follow their instructions and make sure any children under their care do the same.
9. PARTICIPANT'S ACCEPTANCE OF RISK
All passengers who book with us agree to be bound by the following acceptance of risk:
I confirm and warrant I am physically fit and suffer no medical conditions, which may affect my ability to participate in the activity or activities;
I must provide any medical information reasonably requested by the Tour Operator. If I have any pre-existing medical conditions, which may impact my ability to travel, participate in a Tour, or may adversely affect the experience of others on my Tour, I must inform the Tour Operator prior to or at the time of final payment for the applicable booking.
I consent to receive medical treatment in the case of injury, accident or illness during the activity and to indemnify the Operator against any claims, costs or expenses in respect of the treatment;
I acknowledge that adventure travel and the products and services offered by the Tour Operator may involve a significant amount of risk to my health and safety. By traveling with the Tour Operator, I acknowledge that I have considered any potential risks, and are, to the maximum extent permitted by law releasing the Operator, its managers, employees, agents and any other person associated with Get in Peru. I hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in my travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.
I agree to take all prudent measures in relation to my own safety while on Tour including, but not limited to, the proper use of safety devices and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by my failure to comply with safety instructions or warnings.
I agree not to commence any litigation proceedings in any country in relation to the risks and liabilities set out above and to indemnify the Operator against any claims.
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to four minors. Unless otherwise indicated in the Tour description.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
Note: All passengers should consult with a doctor if they need vaccines or special medication to come to Peru or medication for life threatening illnesses. We strongly recommend to purchase a travel insurance.
We may modify these terms from time to time, and at any time, without notice to you, for any reason, in our sole discretion. Once we post or make them available on our website and social media, these changes become effective immediately and if you purchased a tour with us or use our sites after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
All dates, itineraries and prices are subject to change at any time for any reason, and the current price will be quoted and confirmed at the time of booking subject to any surcharges that may be levied in accordance with these Terms. However, the tour operator will do its best to maintain them as accurately as possible. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
11. DISCLAIMER AND LIMITATIONS OF LIABILITY
The Contract and these Terms are subjected to the laws of Peru, and you submit to the exclusive jurisdiction of the courts located in Peru for the resolution of any dispute under these Terms or concerning any tour, product or service.
Get in Peru makes all arrangements for all tours on the condition that it shall not be liable for any sickness, injury, damage, loss, accident, delay or irregularity which may be occasioned, either directly or indirectly, by reason of any defect in any vehicle, by weather, by any other cause, or through acts of default of a company or person engaged in conveying the passengers, or in carrying out arrangements for these activities. We strongly recommend you to purchase a travel insurance prior to your trip.
Get in Peru (“the tour operator”) will not be liable in any way 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 Tour Operator failure to commence, perform or complete any duty owed to you 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, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, strikes, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
These Terms were last modified on the date indicated above and are effective as of August 02, 2020.
Copyright © 2020 Get In Peru Outdoor Experience LLC