CROSSING ANDES S.A.C. – GENERAL TERMS & CONDITIONS
On registering for a tour (hereafter the Tour), passengers (hereafter the Client or the Clients) accept the general terms and conditions, as set out in the present document (hereafter the Terms), as well as the norms and rules of Crossing Andes S.A.C (hereafter Crossing Andes).
1. Registering for a Tour
1.1. Crossing Andes provides the Client with a travel offer, detailed Tour information and prices (hereafter the Travel Offer). By making a booking request on the basis of the Travel Offer, the Client offers validly to book a Tour and enter into a contractual relationship with Crossing Andes. Crossing Andes reserves the right to require further information (e.g. medical certificate) from the Client, as the case may be.
1.2. Upon receipt of the Client’s booking confirmation, the Client is required to pay – if not agreed upon otherwise – 20% (twenty percent) of the Tour Price (as defined in clause 2.1. below). Upon receipt of such payment by Crossing Andes, the Client has validly registered for the Tour.
1.3. For the Client’s safety, Crossing Andes reserves the right to not accept registration due to, among others, but not exclusively, physical condition or age of the Client.
2. Payment Conditions
2.1. Payment of 20% (twenty percent) of the tour price- if not agreed upon otherwise – as defined in the Travel Offer (the Tour Price), credited against the total Tour Price, to be made by wire transfer to Crossing Andes’ bank account, is due upon registration confirmation.
2.2. Full payment of the Tour Price (i.e. of the remaining 80% (eighty percent) – if not agreed upon otherwise – or, in case of short-term booking, 100% (one hundred percent) of the Tour Price), is due 30 (thirty) days prior to the starting date of the Tour, to be made by wire transfer to Crossing Andes’ bank account.
2.3. Transfer costs are born by the Client.
3. Services – Change of Service
3.1. The Client is entitled to receive the services as defined in the Travel Offer attached to the booking confirmation.
3.2. In case Crossing Andes has to make short-term changes to the services described in the Travel Offer attached to the booking confirmation (e.g. accommodation, equipment or transportation), Crossing Andes warrants that the new service is of same or better quality then the service initially agreed upon.
4. Cancellation Conditions
4.1. Crossing Andes reserves the right to cancel the Tour in case of failure (i) of payment of the full Tour Price in accordance with clause 2.2. above, (ii) to inform Crossing Andes of the Clients’ inability to perform the payment in accordance with clause 2.2. of the Terms, and (iii) to arrange for an alternative payment method, as previously agreed upon with Crossing Andes.
4.2. In case of group Tours (Adventure or Mountain Bike Tours) and which have not been privatized, Crossing Andes has the right to cancel the Tour if the minimum number of participants for the Tour is not reached, until 21 (twenty-one) days prior to the starting date of Tour at the latest. Crossing Andes will propose alternatives to the Client. However, if no alternatives suitable and acceptable to the Client can be found, the Client will be immediately refunded of all payments made to Crossing Andes, but without compensation of any nature or interest.
4.3. The Client can cancel the Tour at any time, by informing Crossing Andes of his decision in writing (e-mail). If the Client cancels the Tour, the following cancellation fees become due:
(i) cancellation up to 30 (thirty) days prior to the starting date of the Tour: 20% (twenty percent) of the Tour Price;
(ii) cancellation as of day 29 (twenty-nine) until day 15 (fifteen) prior to the starting date of the Tour: 45% (forty-five percent) of the Tour Price;
(iii) cancellation as of day 14 (fourteen) until day 7 (seven) prior to the starting date of the Tour: 75% (seventy-five percent) of the Tour Price;
(iv) cancellation as of day 6 (six) prior to the starting date of the Tour: 95% (ninety-five percent) of the Tour Price; and
(v) in case of no show on the starting date of the Tour, without prior notice given to Crossing Andes, 100% (one hundred percent) of the Tour Price.
Crossing Andes recommends the Client to get a travel insurance covering cancellation fees.
4.4. The Client may change travel dates and decide to join another Tour, depending on Tour availability, in accordance with clause 5.2. of the Terms.
5. Modifications and change
5.1. Crossing Andes reserves the right to cancel or change any Tour or activity, without refund, due to (i) Events of Force Majeure (as defined below) or (ii) the Client’s unsuitability because of, but not exclusively, age, ill health, poor fitness, intoxication or late arrival.
5.1.1. If the Client becomes, on the beginning of, or during the Tour ill or generally indisposed and cannot travel, no refund of the Tour Price is granted. Depending on the circumstances and given situation, Crossing Andes will try to adapt the Tour or provide alternatives, however this remains at the full discretion of the staff of Crossing Andes, in consideration of, among others, the safety and health of the Client.
5.1.2. If the Client becomes ill, generally indisposed, cannot finish the Tour because of other discretionary reasons to the Client and/or has to travel back home before the end of the Tour, no refund is granted.
5.1.3. If the Client arrives late, i.e. did not arrive on the starting date of the Tour, no refund of the Tour Price is granted. Provided that the Client has informed Crossing Andes of his late arrival, Crossing Andes will try on a best efforts basis to have the Client join the Tour on his arrival.5.2. If the Client changes Tour dates or wishes to alter the itinerary after registration confirmation for the Tour, a change fee will be imposed. The type and scope of change dictates the amount of the change fee. Crossing Andes’ outside suppliers, such as hotels, lodges, transport and operators often impose additional fees or penalties for changes and cancellations.
6. Travel Insurance
6.1. The Client is responsible for contracting his personal travel insurance, suitable for the trip and the kind of activity he will engage in during the Tour.
6.2. Crossing Andes strongly recommends to get a full comprehensive travel insurance before departure, covering medical care, trip interruption and cancellation, baggage, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. Please contact your insurance company for further advice.
7. Force Majeure & Exclusion of Liability
7.1. Crossing Andes is not responsible and cannot be held liable whatsoever for cases of force majeure, such as, amongst others but not exclusively, weather, river or road conditions, political climate or actions (e.g. strike) or other unexpected or uncontrollable events (hereafter the Events of Force Majeure). Any missed Tours, activities or day trips due to Events of Force Majeure are not refunded. Crossing Andes will try to adapt the Tour or provide alternatives, however this remains at the full discretion of the staff of Crossing Andes, in consideration of, amongst others, the safety of the Clients.
7.2. Crossing Andes is not responsible and cannot be held liable whatsoever for Clients’ careless or imprudent actions or actions performed against the advice or instructions of the Tour Leader or guides.
7.3. In case where damages are caused to third parties by the Client, any expenses or loss incurred by Crossing Andes, as the case may be, originating from such incident will be charged to the Client.
7.4. The Client understands that the Tour includes adventure activities in which he or she participates at his/her own risk and that Crossing Andes cannot be held liable for personal injury, death or lost or damaged personal belongings of the Client. Each Client accepts to individually sign a corresponding waiver before participating in adventure activities of the Tour.
8. Age, Health and Fitness Requirements
8.1. Minimum age to register for an Adventure or Mountain Bike Tour is 15 years. All Clients under 18 years old must be accompanied by an adult. If you wish to travel with younger children, you can always book a private Tour and have trekking itineraries and activities, to the extent possible, adapted to children of younger age. Please contact firstname.lastname@example.org for further information.
8.2. By registering for a Tour, Clients warrant to be in good health and adequate physical and mental condition to participate in the Tour.
8.3. Any special medical condition as well as any adverse change in the Clients’ health or fitness likely to affect the participation in the Tour must be disclosed to Crossing Andes (the Obligation of Medical Disclosure) to allow to assess if the Client is fit for the Tour and require a medical certificate, as the case may be. In case of, but not exclusively, severe muscular, chest, heart or bronchial disorders, severe asthmatic, high blood pressure or pregnancy, Crossing Andes reserves the right to refuse the Client’s registration or, if not disclosed beforehand, participation in the Tour. Medical and/or evacuation expenses, as the case may be, are born by the Client (cf. clause 6. Travel Insurance).
8.4. The Client acknowledges his Obligation of Medical Disclosure, as of the time of registering for a Tour, lasting throughout the whole trip until the end of the Tour. Crossing Andes will not be liable whatsoever for personal injury, death, property damage and generally any loss incurred by the Client, in case of (i) failure to comply with the Obligation of Medical Disclosure and (ii) Crossing Andes would not have accepted the Client to participate in the Tour had the Client honored his Obligation of Medical Disclosure.
8.5. Crossing Andes reserves the right in its absolute discretion to refuse the Client’s participation in the Tour or certain activities thereof on medical or fitness grounds.
9. Complaint Procedure
9.1. If the Client has a complaint during the Tour, the Client must promptly notify the Tour Leader or other representative of Crossing Andes of the problem, to allow Crossing Andes to attempt to remedy the situation. Failure to do so while on the Tour will extinguish or at least reduce the Client’s ability to claim compensation from Crossing Andes.
9.2. If the Client attempts to address the problem on his or her own without using this notice procedure, the Client assumes responsibility for any added costs he or she may incur and forfeit any potential refunds.
9.3. If the Client is not satisfied after using this notice procedure, he or she must submit his or her complaint in writing to Crossing Andes within 10 (ten) days of the tour’s end date. Crossing Andes will not accept any liability for claims received after this period.
The Client warrants to strictly comply with all local laws, respect local customs and culture, accurately assess his or her abilities, respect other trip members’ privacy, and follow the suggestions and advice of the Tour Leader and any assigned guide. The decision of the Tour Leader or local guide is final on all matters that may threaten the safety of the Clients or interfere with the well-being of others. During the Tour, the Tour Leader has the right in his or her sole discretion to remove anyone (i) who appears to be incapable of meeting the demands and requirements of participating in the Tour activities; or (ii) who he determines to detract from others’ enjoyment of the tour.
11. Image Release
The Client agrees that Crossing Andes may use, re-use and reproduce any images, photos or videos that the Client sends to us, or that are taken by the Tour Leader, guides and/or other travelers of him- or herself individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without the Client’s right to inspection, for Crossing Andes to promote and publicize its Tours and services worldwide. If the Client does not want Crossing Andes to use any images of the Client that are taken by the Tour Leader, guides or other participants during the Tour, the Client must inform Crossing Andes in writing at the starting day of the Tour at the latest.
The Client is responsible for equipment provided to him or her by Crossing Andes or external service providers, such as, but not exclusively, bikes and related equipment as well as trekking equipment, for the entire length of the tour. The Client agrees to pay repair and replacement costs if equipment is broken or lost due to the Client’s careless or imprudent behavior.
The present General Terms & Conditions have been last updated on 7th November 2016.