CROSSING ANDES S.A.C. - GENERAL TERMS & CONDITIONS

On registering for a tour (hereafter the Tour), travelers (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

1.1Crossing Andes provides the Client with a travel offer, detailed Tour information and prices, which defines the services purchased by the Client (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. passport information or copies where applicable, medical certificate) from the Client, as the case may be.

1.2Upon 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.

1.3For 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

2.1An advance payment of 20% (twenty percent) - if not agreed upon otherwise – of the tour price as defined in the Travel Offer (the Tour Price), credited against the total Tour Price is due upon registration confirmation and confirms the Client’s booking.

2.2The 20% advance payment referred to in clause 2.1. above is non-refundable, since used to purchase tickets and pay reservation fees which are non-refundable to Crossing Andes in turn. Crossing Andes strongly recommends the Client to purchase trip insurance covering cancellation fees.

2.3Full 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 45 (forty-five) calendar days prior to the starting date of the Tour.

2.4Payment is accepted via (i) credit card / PayPal or (ii) international wire transfer to Crossing Andes’ Peruvian bank account.

2.5Transfer or transaction costs are born by the Client.

3. Services – Change of Service

3.1The Client is entitled to receive the services as defined in the Travel Offer confirmed by the booking confirmation.

3.2In case Crossing Andes has to make short-term changes to the services described in the Travel Offer confirmed by 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

4.1Crossing Andes reserves the right to cancel the Tour in case of failure (i) of payment of the full Tour Price in accordance with clause 2.3. above, (ii) to inform Crossing Andes of the Clients’ inability to perform the payment in accordance with clause 2.3. of the Terms, and (iii) to arrange for an alternative payment method, as previously agreed upon with Crossing Andes. Regular cancellation fees apply in accordance with clause 4.2 below.

4.2The 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 45 (forty-five) calendar days prior to the starting date of the Tour: 20% (twenty percent) of the Tour Price;
(ii) cancellation as of calendar day 44 (forty-four) until calendar day 30 (thirty) prior to the starting date of the Tour: 50% (fifty percent) of the Tour Price;
(iii) cancellation as of calendar day 29 (twenty-nine) until calendar day 15 (fifteen) prior to the starting date of the Tour: 75% (seventy-five percent) of the Tour Price;
(iv) cancellation as of calendar day 14 (fourteen) until calendar day 7 (seven) prior to the starting date of the Tour: 95% (ninety-five percent) of the Tour Price; and
(v) cancellation as of calendar day 6 (six) prior to the starting date of the Tour or in case of no show on the starting date of the Tour, 100% (one hundred percent) of the Tour Price.

Crossing Andes strongly recommends the Client to purchase trip insurance covering cancellation fees.

4.3In case the Client is entitled to a refund in accordance of clause 4.2. above, Crossing Andes will refund the Client through PayPal or via international wire transfer to the Client’s bank account. Transfer fees and/or transaction costs applying to the refund are born by the Client.

4.4The Client may change travel dates or make changes to the itinerary after booking depending on availability, in accordance with clause 5.2. of the Terms.

5. Modifications and change

5.1Crossing 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 and possible additional cost is born by the Client.

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. Possible additional cost caused by last minute changes is born by the Client.

5.2If the Client changes Tour dates or wishes to alter the itinerary after registration confirmation for the Tour, a change fee may be imposed. The type, scope and time of change dictates the amount of the change fee, which will be assessed on a case by case basis. Crossing Andes’ external suppliers, such as airlines, hotels, lodges, transport and operators impose additional fees or penalties for changes and cancellations depending on the time this change is requested.

6. Travel Insurance

6.1The 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.

6.2Crossing Andes strongly recommends to get a full comprehensive travel insurance before departure, covering, a.o., medical care, trip interruption and cancellation fees, 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

7.1Crossing 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). Regular cancellation fees in accordance with clause 4.2. above apply. 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.

7.2Crossing 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 Crossing Andes’ tour guides and/or staff.

7.3In 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.

7.4The Client understands that the Tour includes, where applicable, 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. By booking a Tour, each Client individually accepts the nature of activities described in his/her itinerary and possible inherent risks.

8. Age, Health and Fitness Requirements

8.1By registering for a Tour, Clients warrant to be in good health and adequate physical and mental condition to participate in the type of Tour booked.

8.2Any special medical condition as well as any adverse change in the Clients’ health or fitness likely to affect taking 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).

8.3The Client acknowledges his Obligation of Medical Disclosure, as of the time of booking a Tour and 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.

8.4Crossing 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 & Obligation of collaboration

9.1If the Client has a complaint during the Tour, the Client must promptly notify his/her tour guide 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.

9.2If the Client attempts to address the problem on his or her own without complying with the aforementioned notice procedure, the Client assumes responsibility for any added costs he or she may incur and forfeit any potential refunds.

9.3If 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 7 (seven) days of the tour’s end date. Crossing Andes will not accept any liability for claims received after this period or, at any time, if the notice procedure was not followed.

10. Etiquette

The Client warrants to strictly comply with all local laws, respect local customs and culture, accurately assess his or her abilities and follow the suggestions and advice of the assigned tour guide. The decision of the tour 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 guide has the right in his or her sole discretion to remove anyone who appears to be incapable of meeting the demands and requirements of participating in the Tour activities.

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 guide 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 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.

12. Equipment

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.

13. Data protection (GDPR)

Your personal information collected by the contact form is only intended for processing requests, they are saved only for the duration of cooperation. In accordance with the law, you have the right to access and rectify information that concerns you. If you wish to exercise this right and obtain the information concerning you, please contact info@crossingandes.com

The present Terms are governed by Peruvian law. With respect to any suit, action or proceedings in relation to the present Terms, the Peruvian courts and jurisdictions are competent.

The present General Terms & Conditions have been last updated on 1st July 2020.