Terms and Conditions
1. How to book
Booking is effected when QUECHUANDES accepts from you a completed and signed booking form and payment of the deposit.
The balance of the full trip price is payable in cash on arrival in Huaraz, at least two days before departure.
If payment of the balance of the trip price is not received by QUECHUANDES by the required time you will be taken as having cancelled the trip and cancellation charges in accordance with condition 2 will apply.
2. Cancellations
If it becomes necessary to cancel your booking, please immediately notify us, so that the cancellation can take effect.
If cancellation takes place more than one month prior to departure, 50% of the total trip price will be forfeited.
If cancellation takes place less than one month prior to departure, 100% of the cost of the trip will be forfeited.
In these booking conditions “the cost of the trip” includes the cost of any extras booked for that trip. The trip price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to QUECHUANDES, may be recovered from you by QUECHUANDES as a debt due and payable.
3. Medical disclosure
You declare and warrant that:
- You are in good health mentally and physically at the time of booking this trip.
- You have disclosed to QUECHUANDES every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to QUECHUANDES’ decision to permit you to go on the adventure trip.
- Immediately upon any adverse change in your health or fitness that may be likely to affect QUECHUANDES’ decision to permit you to go on the adventure trip, you will notify QUECHUANDES of any such adverse change.
- You acknowledge that the obligation to disclose under this condition continues from the time of booking the trip through to departure and extends for the duration of the trip.
- If you fail to comply with the duty of disclosure in this condition and if QUECHUANDES would not have permitted you to undertake the trip, or continue participation of the trip, had you made full disclosure under this condition, QUECHUANDES will not be liable for personal injury, death or property damage or loss incurred by you. However nothing in this clause shall exclude or limit our liability for fraud, or for death or personal injury, which arises as a result of our negligence.
4. Guides
QUECHUANDES’ nominated guides take their responsibilities seriously and if for any reason a nominated guide or the owners of the agency believe, in their absolute discretion, that you should not participate in the trip, before your departure, they may exclude you from the trip. In this event, but subject to condition 3, you will be offered the option of taking another trip considered suitable for you or a full refund.
If for any reason during a trip the nominated guide considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated guide, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated guide’s instructions. In this case you will not be entitled to any refund.
QUECHUANDES reserves the right to change, at any time, the nominated guide of any trip. If that happens, QUECHUANDES will try to ensure that the alternative guide has expertise commensurate with that of the nominated guide. Any such change by QUECHUANDES will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which you may suffer.
5. Route changes, postponement, cancellation or delay
QUECHUANDES reserves the right to:
- modify any aspect of the trip, or
- cancel or modify any routes within the trip or objectives set out in the itinerary, or
- substitute different or equivalent routes within the trip in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the trip) any such aspect of the trip if, in the absolute discretion of QUECHUANDES, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or in the case of any real or perceived health risk (including SARS or bird flu), or if, in the absolute discretion of QUECHUANDES, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the trip or the aspect of the trip being undertaken in accordance with your booking or for any other reason considered necessary by QUECHUANDES. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the trip price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.
- If any such change, as contemplated by the condition above, whether before or during the trip, necessitates additional costs (including accommodation and ground transportation) to be charged, you agree that you will pay these additional costs as reasonably required by QUECHUANDES.
QUECHUANDES also reserves, in its absolute discretion, the right to cancel any trip due to any governmental travel warning or advice.
6. Force majeure
If QUECHUANDES is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever to you and may, at its option, by notice to you either cancel the trip or take any other action as specified in condition 5.
7. Assumption of risk
You acknowledge that:
- by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays; and
- the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and
- the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour;
- the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and
- you have submitted your booking for the tour after giving due consideration to relevant travel information including, without limitation, any information or advice issued by the British Foreign Office and that it is your responsibility to acquaint yourself with that information or advice.
For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed trip and the accompanying risk of injury, death or property damage or loss.
8. Exclusions from trip price
Without limitation, the following items are excluded from the trip price:
- personal travel insurance;
- extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary;
- laundry, postage, personal clothing, medical expenses and items of a personal nature;
- emergency evacuation and/or emergency search charges;
- additional expenses caused by delay, accidents or disruption of planned itineraries; and
- tips
9. Release and waiver of liability
In consideration of QUECHUANDES accepting your booking application and in consideration of you being permitted by QUECHUANDES to join the tour:
- you release QUECHUANDES and its employees, guides and other representatives and the land management authorities in Peru from all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of the trip. QUECHUANDES shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of QUECHUANDES, its employees, guides and other representatives; and
- you waive any claims you have, or may at any time have, against QUECHUANDES, its employees, guides and other representatives and you agree, by accepting the additional inherent dangers and risks associated with the trip, not to make any claim against or seek any compensation from QUECHUANDES, its employees, guides and other representatives in respect of any personal injury, illness or death suffered by you (unless such death or personal injury is caused by the negligence of QUECHUANDES, its employees, guides and other representatives) or damage to or loss of property sustained by you as a result of your participation in the trip.
If, despite the release and waiver given under this condition, QUECHUANDES is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the trip (provided that any losses relating to death or personal injury arising from the negligent acts of QUECHUANDES, its employees, guides and other representatives will not be limited). Any damages or compensation are further limited by the Warsaw Convention as amended by the Hague protocol 1955 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). In the event that QUECHUANDES makes any payment to you in respect of any damages claim brought by or on your behalf, you must assign to us all your rights to pursue any third party and you must provide all reasonable cooperation to us in relation to the pursuit of any claim.
You accept that the release and waiver contained in this clause is reasonable given the nature of the trip and given the wide availability of travel insurance and you agree to check the terms of your travel insurance policy to ensure that it provides adequate cover. Nothing in these terms and conditions shall exclude or limit QUECHUANDES’ liability for fraud, dishonesty or wilful concealment or for death or personal injury arising from the negligent acts of QUECHUANDES, its employees, guides and other representatives.