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Bargain Peru, also referred to as the Company herein, wants you to enjoy your holiday of a lifetime with complete success. Please read the following conditions carefully as it is your contract with Bargain Peru. By booking a trip with Bargain Peru, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes and are subject to change without prior notice.
The quote given by us will be valid for 90 days from the date of your first enquiry. If you have any questions whatsoever regarding your holiday, the booking procedure or conditions of sale then Bargain Peru will be happy to answer them for you. Quotes do not apply to international flights to and from South America or within South America itself. These quotes are often valid for a short number of days and on some occasions only one day. Once a flight is quoted, the flight must be paid for immediately and purchased on that day or if possible the next day to ensure the validity of the quote.
Our prices do not include the international air fares to South America, international airport taxes, meals not specified in your itinerary, personal expenses, personal insurance, tips and baggage porterage.
1. The contract
The contract is between Bargain Peru (also known as the company) and the client, being any person travelling or intending to travel on a tour operated by the company. You, the client are subject to have read and understood our travel policy as outlined below. By making a booking by telephone, or through the website, or by email or facsimile with the Company or its Agents, you accept and are bound by these Terms and Conditions. These Terms and 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, or promise of refund other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
These conditions only apply to services in our programme and not to the international and national flights. These are subject to the conditions imposed by the airlines.
2. Securing your booking
To guarantee a reservation, Bargain Peru requires a fully completed booking form (either the one on our website or the one sent by us with your quote) together with the necessary initial payment. Clients are deemed to have read and understood the conditions of sale and to have indicated this by choosing the appropriate response on the booking form. A booking is accepted and becomes definite only from the date when Bargain Peru sends out a written confirmation invoice (once we have received initial payment) at which point a contract exists. Bargain Peru reserves the right to decline any booking at their discretion.
3. Client Details
In order for the Company to confirm and guarantee the Clients travel arrangements the Client must provide all client details with their initial payment or no later than 90 days prior to the start of the tour, last minute bookings excluded. If the Client does not provide all client details within 90 days before departure, a fee of USD$50.00 will be charged to the file. In the event where client details have not been received by the Company 30 days prior to the Clients trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, copy of passport details and medical form (where applicable), full name, date of birth and nationality.
4. The final payment/Surcharges
The final payment is the local payment received in US$ cash upon arrival to Lima on day 1 of your tour. In the case of non-payment of this local payment, Bargain Peru will cancel your booking and cancellation charges will apply (see 8.Cancellation by you).
Surcharges
Prices quoted remain valid for 90 days from the date of your first enquiry. If we receive full initial payment on or before the 10th day of our quote, we guarantee not to surcharge you.
Bargain Peru reserves the right to increase the tour cost to take into account the following items: government actions, currency fluctuations, transportation costs (including the cost of fuel), airport charges and an increase in scheduled air fares. Bargain Peru will absorb a sum, equal to 2% of the tour cost, should a surcharge be necessary. This does not apply to government taxes, imposed after publication of our programmes, insurance premiums and amendment charges. The client will have to pay any sum in excess of this 2%. If the surcharge results in an increase of more than 10% of the tour cost, government taxes and amendment charges, the client may cancel the booking within 7 days of notification of the surcharge and obtain a full refund. You will be notified of any such surcharge no later than 4 weeks before departure.
Local (land) Payment
All our tours involve a local payment. This amount is the final payment for your tour. Local payment in US$ cash, and is to be made payable to our representative on day 1 of your tour upon arrival at your lodge. Information on your local payment is outlined with the price in your quotation, website, trip dossier and on all our invoices. The local payment is non-refundable and is considered part of your total tour payment.
5. If you change your booking
An administration fee of US$50 per person will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 90 days prior to departure. Thereafter all changes will be treated as cancellations and subject to charges as below (see 8.Cancellation by you).
If a client is unable to travel, in circumstances which Bargain Peru considers reasonable, then the booking might be transferred to another suitable person, however the tour arrangements must remain the same and if all suppliers (including airlines) agree to accept the name change. If a transfer is allowed then an administration charge of US$50 per person will be made if the company is notified up to 90 days before departure or US$100 per person if less than 90 days, plus any extra charges levied by our suppliers.
6. 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 or website 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 one day in five of the itinerary. A major change does not apply to the carrier, transport or named accommodation. Bargain Peru will not accept responsibility for changes in flight schedule or departure airport, as this is the responsibility of the airline 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, a postponement of the tour or accepting any alternative tour offered by the Company along with compensation as indicated.
Provided that the major change is not a result of situations outside Bargain Peru's control or consolidation;
Compensation will be paid as follows:
Period of notification given to you
More than 42 days: Nil compensation
41 to 28 days: $30 per person
27 to 14 days: $40 per person
13 days to date of travel: $50 per person.
Bargain Peru will not pay compensation if forced to cancel or change your tour because of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, epidemics or health risks, technical or maintenance problems with transport, closed or congested airports or ports, changes imposed by re-scheduling or cancellation of flights by airlines, the alteration of airlines or aircraft types, or similar events beyond the control of Bargain Peru. Consolidation refers to the fact that some tours, known as fixed departure tours, are dependent upon a minimum number of persons participating (this being eight). Bargain Peru is not liable for any penalty charges associated with "supersaver"-type connecting rail or airfares, in the event of a change to a tour departure time, date or airport. Bargain Peru reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 8 weeks before departure, except for force majeure, factors outside the control of Bargain Peru, consolidation or the client�s failure to pay the final land payment. Unless the client fails to pay the final land payment, Bargain Peru will offer an alternative tour of comparable standard and will pay compensation on the scale as shown above. No compensation will be paid if cancellation is due to force majeure or consolidation.
(b) Amendments: Within 90 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 No amendments are permitted to your booking within 10 days of departure.
7. Cancellation by the Company
Bargain Peru reserves the right to cancel any trip before it is guaranteed to run, but will not cancel a tour less than 60 days before departure. This applies to departures within the brochure validity range.
Bargain Peru reserves the right to cancel any trip, including a guaranteed trip, at any time prior to departure due to terrorism, natural disasters, political instability or other external events which make it unviable for the Company to operate our planned schedule. If Bargain Peru cancels a group trip on which you are holding a full-paid booking you may choose between an alternative trip or a postponement. 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 flights or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked then you are entitled to a refund of the price difference. If the alternative tour is chosen is of a higher value then you will pay the difference in price.
Note: scheduled airlines may impose 100% cancellation charges.
8. Cancellation by you
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written notification is received by Bargain Peru.
The charges are shown below:
90 and more days before departure: 50% of total price (initial payment + local payment)
89 to 30 days before departure: 60% of total price (initial payment + local payment)
29 days to 14 days before departure: 90% of total price (initial payment + local payment)
Less than 14 days: 100% of price (initial payment + local payment)
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.).
9. Unused Services & Additional Costs
There will be no discounts, postponements of tour or monies refunded for missed or unused services, this includes voluntary or involuntary termination, ie. sickness, death of a family member, etc or due to abandonment of the tour.
Bargain Peru is not responsible for any additional expenses incurred such as additional hotel accommodation, meals, additional transportation costs etc as a result of unexpected changes in your trip due to a change in airline scheduling, cancellation of flights, bad weather, war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, epidemics or health risks.
10. Complaints
Should the client have a complaint about any of the tour arrangements, it is a condition of the contract that you tell our local representative at the time. Failure to complain at that moment in time will deny us the opportunity to investigate and rectify the problem and thus render Bargain Peru unable to accept any form of responsibility. If the client has a dispute with Bargain Peru which Bargain Peru is unable to resolve then please write to us within 28 days of your return and we will investigate further.
11. Travel and cancellation insurance
Travel insurance is highly recommended for all clients who book a tour with Bargain Peru and we advise a minimum coverage of US$75,000 which must cover personal injury, medical expenses, repatriation expenses, evacuation expenses, cancellation and curtailment. It is our policy to check the validity and cover of your insurance policy and we hold the right to refuse travel to anyone whose insurance does not satisfy these criteria. If you choose not to purchase travel insurance, you will be required to sign a waiver form acknowledging your acceptance that insurance was recommended but you refused and should the need arise for change or cancellation of your tour or if you incur any expenses such as medical expenses, that the Client will be responsible for all such extra costs.
12. Medical Form
For insurance purposes all Clients aged 70 years of age and over, or those younger with pre-existing medical conditions are required to complete our Bargain Peru Medical Form which must be signed and dated by a practicing physician and sent to us no later than 30 days prior to the start of your tour. In the event where the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason before the 30 days prior to the start of your tour, the Company reserves the right to treat the booking as being cancelled as per the day of notification and applicable cancellation charges will apply.
13. Financial Security
Bargain Peru is a Tourism Ministry Accredited travel agency and registered as a limited company under the Ministries of the Peruvian tourism board. Accreditation to the Tourism Ministry requires full indemnity insurance and full bonding to comply with all laws regarding the international travel business. Bargain Peru fully complies with the current European regulations regarding the protection of client�s money.
14. Clients responsibility
Clients agree to accept the authority and decisions of Bargain Peru�s employees, tour leaders and agents whilst on tour with Bargain Peru. If in the opinion of such persons the health or conduct of a client at any time before or after departure appears likely to endanger the safety, comfort or happy progress of a tour, then the client may be excluded from all or part of the tour. In the case of ill health, Bargain Peru may make arrangements, as it seems fit and recover the costs thereof from the client. If a client commits an illegal act, he/she may be excluded from the tour and Bargain Peru shall cease to have responsibility to/for them. If you are affected by a condition, medical or otherwise, that might affect other peoples' enjoyment or active participation of the tour; you must advise us at the time of booking and indicate this in the Bargain Peru Medical Form. No refund will be given for any unused services if excluded from a tour for any of these reasons. The Client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of all countries visited.
Clients must be in possession of, and are responsible for arranging a valid passport, visa if applicable and any vaccination certificates required for the whole of their journey. Your passport must be valid for 6 months past your return date. The Client is also responsible for all visas, permits and certificates including vaccination certificates and 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 given in good faith but Bargain Peru cannot be held responsible for any of this information and the Company is not responsible for any errors or omissions as to the information provided. To expedite the issuing of Bargain Peru travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email.
15. Our responsibilities
Clients bookings are accepted on the understanding that they appreciate the possible risks inherent to adventure travel and that they undertake the tours, treks or expeditions, featured in our programmes, at their own volition. It is also important to understand that the most meticulously planned arrangement can go wrong. After all, South America is an underdeveloped continent as far as basic infrastructure is concerned. Conditions are such on some of our tours that there may be occasions when delays, discomforts or unforeseen circumstances will occur. Bargain Peru cannot accept complaints due to these aspects.
a) Where the client does not suffer personal injury, the company accepts liability should any part of the tour arrangements, booked with Bargain Peru, not be supplied as described in the itinerary. In such cases Bargain Peru will pay reasonable compensation if the clients enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Bargain Peru or its suppliers and the reason for the failure was the client's own fault, the actions of someone unconnected with the tour arrangements or one which neither the company nor its suppliers could have anticipated or avoided, even if all due care had been exercised.
b) When the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Bargain Peru, Bargain Peru accepts responsibility unless there has been no fault on Bargain Peru�s part or its suppliers and the cause was the clients fault, the action of someone unconnected with the tour arrangements, or one which neither Bargain Peru nor its suppliers could have anticipated or avoided, even with the exercise of all due care.
c) Bargain Peru�s acceptance of liability to pay compensation pursuant to clauses 15(a) and 15(b) is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
d) Bargain Peru�s acceptance of liability in clauses 15(a) and 15(b) above is subject to assignment by the client to Bargain Peru of the client's rights against any agent, supplier or subcontractor of Bargain Peru, which is in any way responsible for the unsatisfactory holiday arrangements or the client's death or personal injury.
16. Limits on Bargain Peru�s Responsibility
Bargain Peru, its employees, shareholders, officers, directors, successors, agents and assigns (collectively Bargain Peru), does not own or operate certain entities which provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Bargain Peru companies). All such persons and entities are independent contractors. As a result Bargain Peru is not liable for any negligent or willful act of any such person or entity or of any third person.
17. 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.
18. Flights/Delays
We cannot accept liability for any cancellations or delays in any of your flights, whether the cancellation or delay is caused by adverse weather conditions, rescheduling of the airline, airport authority and/or action by air traffic controllers, mechanical breakdown or industrial action. Where long flight delays result in lost holiday time, no refunds are given by hotels or suppliers. Similarly, airlines do not offer compensation for flight delays. However, at their discretion, carriers will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability). If you incur payments for such services in the event of a delay, Bargain Peru will not accept responsibility for payment unless we have given our prior consent.
19. Factors outside the control of Bargain Peru (Force Majeure)
Bargain Peru 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 Bargain Peru�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 disputes, labour difficulties, whether or not Bargain Peru 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 Bargain Peru.
20. 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.
21. 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, the Client acknowledges that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The 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.
22. Errors and Omissions
Although the Company has made a concerted attempt to verify the accuracy of statements made herein , the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure or on our website.
23. 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.
24. Special Requests
Specific requests such as adjacent or connecting rooms, bedding requests, smoking or non-smoking rooms and special dietary needs should be advised at the time of booking. Please note that every effort will be made to secure your special request; however, they cannot be guaranteed.
25. Prices and Arrangements
Quoted programme prices include planning, handling and operational charges are based on current rates of exchange, tariffs and taxes. Bargain Peru reserves the right to increase tour prices to cover increased costs, tariffs and taxes received after prices are published, and to reflect fluctuations in foreign exchange markets. Bargain Peru is under no obligation to give breakdown costs involved in any programme.
26. Immediate Check-in
On programs where immediate check-in has not been included in the program price, Bargain Peru does request that hostels/lodges do their utmost to facilitate this service; however, it is not guaranteed. Most hostels/lodges allow check-in to take place during the mid-afternoon. Should you wish to have your room ready for immediate check-in on arrival; Bargain Peru can arrange this for an additional charge.
27. Active Programmes
On specified programmes there are active tours or some elements of active tours. To enjoy these programmes as intended, a minimum level of fitness is required. The required level would be equivalent to what is obtained by routine daily exercise such as golf, jogging, energetic walking, tennis, etc. Activities during the programme could include (but are not limited to) hiking, off-road walking, walking on uneven steep or cobbled streets, horseback riding, cycling, activities taking place at high altitude, off-road mountainous driving and navigating uneven terrain. Bargain Peru, therefore, will require notice if any participant has any physical or other condition or disability that could create a hazard to himself or herself or to other members of the tour. If the minimum level of fitness is not met for the program selected, Bargain Peru reserves the right to decline to accept anyone on the trip. Bargain Peru also reserves the right to remove from the trip, at the participant�s own expense, anyone whose condition is such that it could create a hazard to himself or herself or others, or otherwise impact the enjoyment of other passengers on the trip. Should you have any questions or need any clarification about a specific tour please ask for details at time of booking.
28. Child Policy
On all programmes, unless otherwise indicated, the maximum age of a child is 11 years 11 months. 12 years or older are considered adults and will be subject to full adult tariffs.
29. Photography During Travel
Bargain Peru reserves the right to take photographs during the operation of any programme or part thereof and to use them for promotional purposes. By booking a programme with Bargain Peru, programme members agree to allow their images to be used in such photographs. Programme members who prefer their images not be used are asked to identify themselves to their Tour leader at the beginning of their programme.
30. Last Minute Bookings
For any bookings made within 15 days of departure, there will be a USD$100.00 fee charged to the file. This last minute booking fee covers our additional costs for couriers, communication, and administration.
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