TERMS AND CONDITIONS
POLICIES, TERMS AND CONDITIONS OF SERVICE
SOUTH WINDS PERU – Tour Operator appreciates your choice, without a doubt, we will make your trip the best moments of your life.
It is important to tell you that in order to achieve a fraternal relationship between SOUTH WINDS PERU – Tour Operator and you, it is essential to consider and accept the policies, terms and conditions of our services offered, therefore, we ask you to read carefully each item described.
I. OF THE OPERATION
SOUTH WINDS PERU – Tour Operator and travel agency, acts only as an intermediary agent for passengers. Its function is to arrange the services provided by airlines, bus operators, train operators, transport operators in general, hotels, tour operators and / or any other independent firm.
SOUTH WINDS PERU – Tour Operator has no control over these companies, so in all travel arrangements our agency acts on behalf of our clients, organizing on their behalf the means of transport, accommodation or other required tourist services, therefore which we do not assume responsibility in case of accidents, losses, damages, delays, inconveniences or any other type of irregularity that may be caused by defects in any vehicle, or through situations of omission, carelessness or negligence of any company or person hired by the same, to fulfill or carry out any service or part of the tourist service offered, as a result of acts of vandalism, strikes, wars, government actions, weather conditions, or any other type of factors that imply additional expenses arising from delays, changes itineraries or other causes.
SOUTH WINDS PERU – Tour Operator, reserves the right to accept or reject any reservation request from any passenger, to any tour or tour package or to cancel or change a tour package, if the circumstances so warrant. The request of any type of service requested from our company will be understood as the consent of these conditions.
SOUTH WINDS PERU – Tour Operator, undertakes to inform and advise users about the conditions of their reservations and in general, about their obligations for the optimal use of the contracted tourist services. All information related to validity, conditions, rates, charges and other mandatory payments, preventive health measures of the destination and assistance services, report through its advisors and published in its facilities and on its website www.vivacuscoperu.com.
II. THE MEANING OF TRAVELING TO CUSCO AND THE SOUTH OF PERU
Traveling to Cusco and the South of Peru requires patience, flexibility, empathy, good humor and adaptation to untimely climatic changes which could occur during your stay in the Country (force majeure situations).
III. CONCERNING FORCE MAJEURE EVENTS
They are situations or events that even resorting to all our demands we cannot foresee or avoid, this includes events such as wars or threats, riots or protests, civil unrest, labor disputes, illnesses, disasters or adverse weather conditions, fires or all similar events. out of our control.
When making a reservation for any of our adventure excursions (Rainbow Mountain – Vinicunca, Humantay Lagoon, Inca Trail, Salkantay, Ausangate, Choquequirao, Inca Jungle, Lares, etc.); and / or traditional tours, you are assuming the risks involved in making these trips. The agency will not be responsible for events that may occur during the tour, either due to the negligence of the tourist or for events that may be out of our reach and control.
The tourist packages are carefully elaborated and detailed before the approval of our client.
These can be modified without prior notice due to circumstances that may be beyond our reach, such as natural disasters or force majeure situations (strikes, protests, work stoppages, etc.). We will ensure that this modification does not harm the integrity and safety of our passengers, as established by Law 29408, the General Tourism Law, which is in force in our Country.
SOUTH WINDS PERU – Tour Operator will not be responsible for said events and reserves the right to modify, postpone or even cancel the tourist’s trip (this being the last option after agreement and presentation of a coherent report regarding events of force majeure to our clients).
REGARDING THE CONFIRMED RESERVATION
Once the reservation of any of our tours is confirmed, the reconfirmation will be made after a deposit of 50% of the total cost of the tour expressed in national currency or American Dollars, according to those expressed in the quote provided, payment will be made through any of our payment methods. The remaining 50% will be paid a maximum of 24 hours after the start of the tour in our chain of offices or your hotel. In case the final payment is not made, SOUTH WINDS PERU– Tour Operator will have the power to cancel the tour without prior notice and proceed to the corresponding authorities for damages, in accordance with the provisions of Art. 1331 of the Peruvian Civil Code, agreed with Art. 1341 of the same legal body, it is important to note that transaction costs are covered by the client and are not included in our tour prices.
IV. REGARDING THE EXCHANGE RATE.
The exchange rate, this being part of the policies of SOUTH WINDS PERU – Tour Operator, will be made as follows:
From US dollars to Peruvian Soles
If you wish to pay in soles, the exchange rate will be 1 US dollar = 4.00 Peruvian Soles (February 2017)
From Euros to Peruvian Soles or US dollars
If you wish to pay in Euros, the exchange rate will be 1 Euro = 3.00 Peruvian Soles or 1 Euro = 1.2 US dollars
The aforementioned exchange rate will be subject to increase and / or depreciation for each type of currency.
SOUTH WINDS PERU – Tour Operator will accept the remaining balance in its different means of payment. Considering the rates and commissions that each company providing means of payment has. We reserve the right to cancel the tour if payment is not made on the established date or if the delay in arrival in Cusco has not been previously reported.
V. REGARDING THE DOCUMENTATION
SOUTH WINDS PERU – Tour Operator, will reconfirm its reservations by delivering to clients and users a Contract that specifies the contracted services in order to fully support its programs and service. However, SOUTH WINDS PERU – Tour Operator is obliged and registered with the National Tax Superintendency to issue accounting documents, a document that will be delivered by the total tax considered in the Tourism Sector, in this way the tourist accepts the satisfaction of needs as a consumer, according to your budget and the contracted rate.
It is necessary to have the valid identity document (national identity document, passport or visa if the case warrants) before starting the tour, in case of not having the valid identity document, SOUTH WINDS PERU – Tour Operator will be admitted the Right to cancel the tour and will not be responsible for the payment previously made by the tourist. (In case of negligence committed by the tourist, this will assume the responsibility of expenses incurred by modification or alteration of the reservation).
It is important to send the personal data required to make the reservation, (Full Name, Number of – Identity Document, Passport, Nationality, Age, Sex, etc.).
When sending your personal data for the reservation, the number of your passport or ID must be valid, take into account that the authorities that regulate access to the main tourist attractions in Peru are very strict in controlling entry into each of the themselves.
The Sunedu University Card or ISIC International Card student card (if applicable) must also be valid and will be shown at the time of booking (after sending via scanned email) and at the beginning of each tour, as well as the identity document ( DNI or passport) with which you made the reservation (originals).
CONCERNING LOSS OF BELONGINGS
During your tour or excursion SOUTH WINDS PERU – Tour Operator will not be responsible for the loss of your belongings, theft or damage to your luggage, to avoid this we urge you to be attentive to all your belongings on the excursions or tours offered by our company. As for the accommodations assigned by our company, they work independently of the work of our travel agency. Therefore, we ask to declare the things of value entered and guarded at all times.
VII. REGARDING CANCELLATIONS, RETURNS & REFUND
Individual passengers and group passengers
In the case of the Visit to Machu Picchu in its modalities (Huayna Picchu and Mountain) and Traditional Inca Trail:
Once the confirmation of the excursion with the 50% deposit has been made, there will be no refund or refund due to the demands involved in making the reservation of quotas for said excursion.
In the case of the other traditional and adventure tours:
If a cancellation request is received up to 90 days before the passenger’s tour start date, the return or refund will be subject to a penalty of 15% of the total shipment for administrative expenses, outside of the financial expenses associated with the cost of flight tickets, bank transfer, credit card commission and some other expenses and / or cost associated with the return.
If a cancellation request is received up to 35 days before the start of the passenger tour, the return or refund will be subject to a 35% cancellation fee, outside of the financial costs associated with the cost of flight tickets, of bank transfer, credit card commission and some other expenses and / or cost associated with the return.
If a cancellation is received between 20 and 35 days before the passenger’s tour start date, the return or refund will be subject to a 100% charge for cancellation fees, outside of the financial costs associated with the cost of tickets. flight, bank transfer, credit card commission and any other expense and / or cost associated with the return.
Likewise, no refund or refund will be granted for the absence of the tourist on the tour, loss of flights due to the delay of the passengers or the cancellation during the trip. There are no refunds or returns for unused portions of tour packages or stays.
In the case of cancellation of tourist packages that include the service of hotels, bus and / or train already issued, no refund or refund will be granted for these services.
Certain services may be interrupted or may be canceled due to weather conditions, force majeure, disturbances, etc., or others beyond the control of hotels, airlines, suppliers or the agency itself. No return or refund will be granted as a result of these interruptions or cancellations beyond our control.
During the high season period, our company reserves the right to alter the cancellation policies if our suppliers apply various penalties to those listed above, in accordance with the provisions of Art. 1277 of the Current Peruvian Civil Code.
VIII. CONCERNING PICK-UP
The pick-up time will be determined in the program; The tourist must be ready and waiting in the hotel lobby, if they are not ready in the established time, the agency will not be responsible for delays and / or abandonment by transport, as this is an established schedule.
If the tourist is intoxicated, the agency has the right to cancellation and non-refund of payment for the service.
IX. CONCERNING THE HOTELS
The company considers the reconfirmation of the accommodation reservation in a contract signed by management, however, this did not happen, it reserves the right to substitute hotels of the same category in the tourist packages it offers, this prior communication to the passenger before his arrival, because SOUTH WINDS PERU – Tour Operator is subject to the availability of hotels in Peru and this in accordance with the provisions of Art. 1277 of the Peruvian Civil Code in force.
X. REGARDING ADVENTURE TOURS WITHOUT CAMPING
Because the adventure tours take place in wild places, where the tourist infrastructure is not the best, SOUTH WINDS PERU – Tour Operator will offer the passenger from 1 to 4 nights of accommodation depending on the type of excursion chosen, the accommodations will be basic ( according to the type of program and accommodations required) consequently the passenger must take the necessary times keeping in mind the needs of the other members of the expedition unless the tour is private. The passenger will follow the arrangement of the accommodation as indicated by the guide.
XI. CONCERNING THE INCA TRAIL
The Inca Trail is considered within the Adventure tourism category, so it also has government restrictions due to its maintenance and protection, so it is necessary to take into account the following conditions:
Reservations will be made after consulting the availability of spaces on the date of their probable start of service.
The entrance ticket to the Inca Trail network includes access to Machu Picchu, which is considered personal and non-transferable as valid only on the scheduled dates. For its use, you must present said document in addition to your passport and / or personal identification, in addition to the updated ISIC card in case of being a beneficiary of a discount as a student.
Cancellations or cancellations are accepted, but do not generate monetary reimbursement (according to government regulations). They can be communicated via phone, e-mail or directly at the office. The company at your request is only able to enable your entrance to Machu Picchu for the scheduled day of arrival, as well as provide your return train ticket on the initially scheduled date. This also applies to the absence of the tourist at the start of the service.
XII. CONDITIONS DURING THE HIKE
The walks will take place on the scheduled dates and times.
The Agency is not responsible for the delays or variations of the program of any kind that may occur during the walks, whether due to climatic factors, landslides, strikes, mobilizations or others that alter the program itinerary or the established times.
The Agency will inform about the weather conditions, walking time and altitude level before the tour of each traditional or adventure tour, considering the continuity of each passenger at the time of the tour.
The agency will not be responsible for damages, accidents or illnesses that may arise when replacing the walk with transport or mechanical or non-mechanical means of transport rented directly by the Tourist.
XIII. REGARDING MODIFICATIONS
The company reserves the right to modify any of the facilities, services or prices described on the website. If the change is made, the client will be informed at the time of booking or at the time of the change. Although the company will endeavor to carry out each of the tours, it is necessary to mention that the changes stated in the itinerary will be made when it is considered necessary or convenient by the Company due to external factors that are not the responsibility of the company, taking care of everything moment the welfare of the tourist, Art. 1277 of the Peruvian Civil Code in force
XIV. CUSTOMERS WITH RESPONSIBILITY
The agency is NOT responsible or assumes any obligation for accidents, damages, illnesses, death, delays that may occur during the trip. Warlike attitudes towards their peers, Nor does he assume responsibility for causes of force majeure, strikes, weather conditions, earthquakes, political situations, etc. that determine cancellations, changes, delays, etc. Assuming the client all the extra expenses caused by this situation.
Likewise, the Agency is not responsible for the loss of flights, accommodation or travel due to factors already mentioned above.
The agency reserves the right to cancel or modify the scheduled itinerary when it considers it to be for a better development of services and / or for the safety of travelers.
It is the responsibility of the passengers to have the appropriate documentation: passports, visas, travel insurance, vaccinations, Boucher, etc. SOUTH WINDS PERU – Tour Operator will not be responsible for delays or expenses due to inappropriate documents, expired documents or lack of travel documents.
XV. OF THE LOCAL OR SOCIAL TRAIN TICKET
SOUTH WINDS PERU – Tour Operator, with the sole purpose of promoting internal tourism. It offers promotional packages for local or national tourists with the possibility of visiting Machu Picchu – Wonder of the World in the local or social train transport.
The local or Social Train to Machu Picchu operated by the Peru Rail company is available to residents of the surrounding areas of the Wonder of the World, however, in support of the National tourist, it makes available a limited number of seats per day.
The sale of the Local Train ticket is executed as the first term in the offices of the city of Cusco with physical presence, in case of not finding availability, the sales of available spaces of the wagons assigned to residents will be sold up to two hours before the train departure at each station. And as a last reference thirty minutes before with a manual ticket at the door of each station, however, in the latter case the seat is not guaranteed and the trip will have to be intermediate (unemployed).
Considering both paragraphs, we ensure the trip of each of our tourists, however, these will depend on availability to be able to make the trip according to the requested hours comfortably seated or in an intermediate way depending on the travel date, the anticipation of arrival and the high influx or demand of passengers for each day.
XVI. OUR RESPONSIBILITIES
SOUTH WINDS PERU – Tour Operator undertakes to provide services according to the requirement of our tourists, as well as their quality, at all times SOUTH WINDS PERU – Tour Operator will provide a quality or higher quality service in accordance with the requirements established in Art 28 of the regulations of the General Tourism Law No. 29408.
Reservations are accepted after raising awareness of the possible risks inherent in the traditional and adventure tours that appear in our programs. It is also important to understand that the most meticulous organization can be flawed by factors beyond our reach.
The company undertakes to provide its services with the necessary diligence. To make the whole trip go smoothly, we will do our best to serve you as well as possible.
Responding to the needs of our clients, SOUTH WINDS PERU – Tour Operator is registered in each of the institutions that the Peruvian Government establishes to carry out Operations in the Tourism Sector, it also has the Book of Claims that Indecopi requests for description and investigation of incidents.
XVII. REFERRING TO MINORS
In all programs, unless otherwise indicated, the maximum age considered minor is 17 years 11 months. Therefore, the costs of services and payments will be detailed on the last page of the document, representing differentiated costs for minors in an escalating way by age.
As soon as a Minor wishes to make a trip without the presence of their Parents, the latter will have to deliver a Power of Attorney letter legalized by a notary instructing an elderly person to travel with their minor child. Considering the document as very important to carry it throughout the trip, clearly assuming the transportation of it at the expense of the attorney.
XVIII. REGARDING TRAVEL INSURANCE
Before making any trip, we recommend that you obtain the advice of one of our agents or in particular the hiring of travel insurance that covers accidents, delays or cancellation of flights, medical expenses and emergency repatriation, even air rescue or air ambulance. .
We also recommend that you include cancellations of your tour, as well as lost luggage, in your insurance. You can send us a scanned copy of your policy to our email or order a copy from a trusted family member or friend.
LEGAL BASIS
In order that this contract is fully compliant for the contracting parties and with the purpose of granting the passenger total legal security during their stay in Cusco – Peru, we comply with making known all the required legal devices. by our legislation.
• Political Constitution of Peru of 1993
• Law 29408 General Tourism Law
• Current Peruvian Civil Code of 1984
VERY IMPORTANT:
We strongly suggest acclimatization or staying at high altitude for 2 or 3 days (average) before embarking on the tour. In order to minimize possible altitude sickness, you can also help your body acclimate by drinking plenty of fluids, adding a little more sugar to your drinks, eating foods rich in carbohydrates, avoiding tobacco and alcohol and drink coca tea (ancient and traditional leaf).
It is recommended to report allergies, illnesses, passenger conditions, characteristics of each passenger, food preferences, etc. Please consult your doctor for the prescription of any additional medication.
By confirming your reservation you would be fully accepting our policies, terms and conditions.
THE MANAGEMENT.
