1. THE AGREEMENT.
The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the trip participant (“Client,” “you,” “traveler,” “participant”) and Vamos Expeditions SAC (“Vamos Expeditions,” “we” or “us”) with respect to any and all bookings, tours or transactions made with Vamos Expeditions. We sell the tour, trip, trek or excursion (collectively, “trip”) described in the email or brochure sent to you, and advertised on our website or through independent agents that market our trips. We offer both multi-day and daily excursions. The service to be provided to you is the trip specified in your booking confirmation.
By submitting a booking for one of our trips through any method and signing this agreement, you accept and are bound by these Booking Terms and Conditions (“Booking Terms”) and direct us to perform services on your behalf. These Booking Terms incorporate by reference our liability waiver and any terms and conditions for a specific type of trip (e.g., treks). In case of a conflict of terms, the terms and conditions for the specific type of trip take precedence over these terms.
If you are booking a group or student trip (“group/student trip”), you will be our single point of contact for the tour arrangements (“group leader” or “you”). You will be responsible for making the group’s travel arrangements with us, including coordinating, collecting and submitting all required payments and documentation. Your responsibilities include providing a copy of these terms and conditions to all travelers in your group, including their parents in the case of minors, and collecting and submitting to us a signed liability waiver for each traveler in your group.
If you are participating in a group trip, you must direct all booking inquiries, including change and cancellation requests, to your group leader.
Each and every person named in this booking (“Client” or “you”) are subject to this agreement. By signing this agreement, you affirm that you have made all other Clients listed in the booking aware of these terms, regardless of how final payment is made, and that all Clients accept these terms.
2. INCLUSIONS/EXCLUSIONS/OPTIONAL EXTRAS
Items included/excluded in the quoted price are listed in the trip itinerary. Optional extras may be available to you but they do not form part of your trip and we cannot be held liable for them. We are not liable for any assistance you receive from our trip leaders or representatives in arranging optional extras that are not included in the trip price.
3. DEPOSIT REQUIREMENT.
You must pay at time of booking a non-refundable deposit of $500 of the trip fee, per person, per trip.
4. MEDICAL FORMS
For our insurance purposes, if you have a pre-existing medical condition, you are required to complete our medical form, which must be signed and dated by a physician and returned with final payment or you will not be permitted to participate on the trip. This form will be included in your pre-departure documents.
5. ACCEPTANCE OF BOOKING / PAYMENT REQUIREMENTS/ CLIENT DETAILS
Your booking is accepted only when we confirm it in writing. Upon confirmation, we will submit an invoice to you with information on final payment, including its due date. Accepted methods of payment include credit card, check, cash, or wire transfer. All bank charges for wire transfers must be included in the payment. Payments made by credit card will incur a service fee, which will be reflected on your invoice. You authorize us to charge your credit card, if you have provided one to us, for any change fees, price increases, or supplemental payments unless you inform us in writing at the time of booking that you prefer to use a different form of payment. If you pay your deposit by wire or check, we cannot confirm your reservation until your payment has cleared. Checks returned by the bank will incur a returned check fee.
If you book your trip 60 days or less before the departure date, the full trip amount is payable when we confirm your booking. If you do not pay the balance at this time, we reserve the right to cancel the booking.
In order for us to confirm your travel arrangements, you must provide your Client Details with your final payment. Client Details include the following: passport number, copy of passport data page that has your photo and personal details, medical form (if applicable), full name, date of birth and nationality.
Any booking that is not fully paid according to the payment terms will be considered a cancellation and subject to our cancellation terms.
6. LAST MINUTE BOOKINGS.
Bookings made within 15 days of departure will be charged a US $60 late booking fee to cover additional costs for couriers, communication and administration.
Note that certain treks have different cancellation and change terms. Please consult the specific terms and conditions for those treks.
- a) Cancellations made by you. Any cancellation request must be made in writing to us by email at email@example.com with “Cancellation Request” in the subject line and acknowledged by us. Written cancellation requests may also be submitted to the independent agent who booked your trip. Cancellation charges will be applied per person and will be calculated from the date we receive your written cancellation request:
- 60 or more days before departure, your deposit less any non-refundable deposits and third party cancellation fees
- 30-59 days before departure, 50% of trip price less any non-refundable deposits and third party cancellation fees
iii. 0-30 days before departure, 100% of trip price
Leaving a trip in progress, for any reason, will not result in a refund, and no refunds will be made for any unused portions of a trip, including those that are the result of your removal from a trip.
- b) Cancellations made by us. We reserve the right to cancel a trip for any reason, but we will not cancel a trip less than 60 days before departure except for a Force Majeure event (as further described below). If we cancel a trip, you may choose between a full refund of all prepaid fees or a credit of your prepaid fees toward any alternative trip that we may offer. If the alternative trip is priced lower than the cancelled booking, we will refund you the price difference less any non-refundable deposits and third party cancellation fees. If the alternative trip is priced higher than the original booking, you must pay the difference after factoring in non-refundable deposits and third party cancellations fees. We are not responsible for any incidental or personal expenses you may incur as a result of a cancelled booking such as airline tickets, including non-refundable connecting flights, hotels and other accommodations or loss of enjoyment.
8. CHANGES AND FLEXIBILITY.
Any change request must be made in writing to us by email at firstname.lastname@example.org with “Change Request” in the subject line and acknowledged by us. Written change requests may also be submitted to the independent agent who booked your trip.
- a) Changes made by us. The nature of our trips requires considerable flexibility. While the trip itinerary is representative of the types of activities contemplated, we are under no obligation to strictly follow it. While we endeavor to operate all trips as advertised, we may make reasonable changes to the itinerary at our discretion. We reserve the right to alter or modify any trip without prior notice for the safety and/or comfort of clients and for circumstances of Force Majeure. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you. Any significant change may require a supplemental payment from you or result in a refund less any third party cancellation fees and nonrefundable deposits. We will not provide refunds under this paragraph due to cancellations or changes caused by Force Majeure.
- b) Changes to itinerary made by you. Changes to your itinerary are subject to availability and are accepted at our discretion. If you request any changes to your itinerary within 60 days of departure and such changes are accepted, we reserve the right to charge you any additional costs we incur, including non-refundable deposits and third party cancellation fees, along with a change fee of US $60.
- c) Transfer to another trip (by Client). If you would like to transfer from one trip to another, you must make a request in writing to the above email 60 or more days before the trip departure date. If we approve the transfer, we reserve the right to charge an administrative fee of 10% of the original trip’s total price. You may only transfer a booking to a departure date not later than 365 days from your original departure date. Any request to transfer to another trip received less than 60 days before departure will not normally be accepted. In this case, you must cancel the booking and then re-book on another trip. Any such transfers requests will be regarded as cancellations and cancellation fees will apply.
- d) Transfer of name. If you cannot travel on the trip you booked because of circumstances that would permit you to make a claim on a travel insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that trip and agree to these terms and conditions. We will charge you an administrative fee of 10% of the total value of the trip if the change is made more than 60 days before departure. You may not transfer the booking to another person within 60 days of departure.
NOTE THAT SCHEDULED AIRLINES MAY IMPOSE 100% CANCELLATION CHARGES.
YOU MAY NOT MAKE ANY CHANGES TO YOUR ITINERARY WITHIN 10 DAYS OF DEPARTURE.
9. UNUSED SERVICES.
We will not provide you a discount or refund you for any missed or unused services of your trip, including voluntary or involuntary termination, sickness, death of a family member, etc.
10. BROCHURE VALIDITY AND PRICE INCREASES.
The prices in our brochure and on our website are based on airfares, exchange rates and costs in effect at the time of printing the brochure or posting to our website. We reserve the right to alter prices for new bookings if these rates change substantially.
We also reserve the right to impose surcharges up to 60 days before departure to account for unfavorable changes in exchange rates, increases in air fares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the trip cost (excluding insurance premiums), you may cancel your booking no later than 14 days after receiving notification of the surcharge and obtain a full refund less any third party non-refundable deposits and third party cancellation fees.
11. COMPLIANCE WITH LOCAL LAWS AND TRIP ETIQUETTE.
Your additional responsibilities include strictly complying with all local laws and regulations, respecting customs and culture, adequately assessing your abilities, respecting other travelers’ privacy, and if on a guided trip, following the guide’s suggestions and advice. On guided trips, the decision of the local guide is final on all matters that may threaten the safety or interfere with the well-being of other travelers. During the trip, we and the local guide each have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the trip activities; or b) determine is detracting from others’ enjoyment of the trip. If you fail to comply with this paragraph or commit any illegal act when on the trip or, if in the opinion of the trip leader, your behavior is causing or is likely to cause danger, distress or annoyance to others, we may terminate your trip without any liability and you will not be entitled to a refund.
12. PRE-DEPARTURE DOCUMENTATION.
This agreement, our waiver of liability and assumption of risk agreement, and, if required, a medical statement or certification must be accepted and submitted by you in order to participate in the trip. If you fail to submit all of the necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose cancellation fees.
13. PASSPORTS, VISA, AND OTHER TRAVEL DOCUMENTS.
- a) You must possess a valid passport for entry, departure and travel through each destination point along the itinerary of the trip, (your passport must be valid 6 months past your return date), as well as all visas, permits, certificates (including vaccination certificates) and insurance policies required for the entire trip. You are solely responsible for obtaining all travel documents and for any adverse consequences resulting from missing or defective documentation. Any information or advice we give you regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided solely as a courtesy. We are not responsible for any errors or omissions as to the information provided.
- b) To expedite the issuance of your travel documents, all trip-related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on our website once full payment has been received by us. We reserve the right to impose a fee for those Clients who wish to receive paper documents.
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept responsibility if you do not promptly notify us of any inaccuracies after your receipt of those documents.
14. FORCE MAJEURE.
We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of our obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
If we and/or any of our suppliers are affected by Force Majeure, we shall be entitled to, and may in our sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. We must normally make substantial and non-refundable payments to our suppliers far in advance of the scheduled departure date. As such, payment of any refund by us to you as a result of the nonperformance of any obligations will be less any non-refundable deposits and cancellation fees. Further, we shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs of the Force Majeure.
15. INSURANCE REQUIREMENT.
You must maintain travel insurance with a minimum coverage of US$75,000 while traveling with us. Your insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. We also strongly recommend that you extend your coverage to include cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. You acknowledge that the cost of the trip does not include insurance, and that you are required to obtain adequate coverage as described in this paragraph.
16. HEALTH REQUIREMENTS.
It is your sole responsibility to ensure that you are healthy enough to participate in the trip. In booking a trip with us, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for you or other travelers. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the booking is made. We reserve the right in our sole discretion to accept, decline to accept, or remove any Client on a tour who we judge to be incapable of meeting the demands and requirements of participating in trip activities.
You understand that the trip you booked has risks and may entail meaningful delays in obtaining any medical assistance at all, and evacuation to same can take hours or days. In addition, medical assistance when rendered may not be to the same standard as in the U.S. or other developed countries.
You are solely responsible for your baggage and personal effects throughout your tour. All costs incurred for lost, damaged or delayed baggage are at your expense.
18. LIMITATION OF REMEDIES.
To the maximum extent permitted under applicable law, we will not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected with this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. If we are held liable despite the preceding limitation of liability, you agree that the sole remedy for any default by us arising under this agreement shall be the return of the paid trip cost less actual expenses incurred by us in arranging your trip.
19. CLAIMS AND COMPLAINTS.
If you find a problem or something that does not meet your expectations, you must promptly notify us using the contact information listed on your itinerary or the trip leader so that the problem can be rectified, if possible. Failure to do so while you are on the trip will result in your ability to claim compensation from us being extinguished or at least reduced. Further, if you make any changes on your own without following the notice procedure described above, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to us within 30 days of the end of the trip. We will not accept, or be liable for, any claims received after this period.
Vamos Expeditions acts only as an intermediary for the various independent suppliers that provide lodging, meals, sightseeing, flights and other transportation, activities or other goods and services connected with your trip. You acknowledge that you are aware and clearly understand that these suppliers are independent contractors, are not managed by Vamos Expeditions, and are not agents or employees of Vamos Expeditions. A supplier’s services are subject to the supplier’s own terms and conditions, local laws and regulations, and, where applicable, international conventions. Some of these conditions may limit or exclude a supplier’s liability. Copies of a supplier’s terms and conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
In the event that any term or condition contained herein is legally unenforceable or void by operation of law or against public policy or for any other reason, such term or condition shall be deemed to be severed from this Agreement or amended accordingly only the extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
22. SUCCESSORS AND ASSIGNS.
These Booking Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client, their respective heirs, legal and personal representatives, successors and assigns.
23. ERRORS AND OMISSIONS.
Although we have made an attempt to verify the accuracy of statements made herein, we are not responsible for any error, omission or unintentional misrepresentation that may appear in our brochures, website, or other marketing materials.
24. DISCLOSURE OF CLIENT INFORMATION.
We will share your personal information, as well as any personal information you provide for other persons in booking a trip with us, to our suppliers to enable them to provide the services requested by you.
25. IMAGES RELEASE.
You agree that Vamos Expeditions may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other travelers during the tour, you must inform us or your trip leader in writing at the start of the trip.
26. APPLICABLE LAW AND CHOICE OF FORUM.
Any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be governed by the laws of Peru and resolved exclusively in a court of competent jurisdiction in Lima, Peru.
27. UPDATING TERMS AND CONDITIONS.
We reserve the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on our website at www.vamosexpeditions.com.
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire Terms and Conditions agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. I acknowledge that I have had an opportunity to have all of my questions regarding this agreement and my trip answered by Vamos Expeditions and that any questions have been answered satisfactorily.