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Travel contract Tour Operator

Travel contract

 

 

 

 

 

 

 

1) Reservations
To reserve a tour, the client must fill out completely and sign the contract.  We will confirm the reservation and consider it contractually binding once we have received the following:
•    The completed client form.
•    A copy of the client’s insurance, covering: emergency assistance, medical, baggage and ground transport.
•    Corresponding fee, as indicated by the organizer when the necessary reservation documents are sent.


2)  Payment
The balance due, as well as the payment deadline, can be found on our web site, in the section “Methods of Payment.”  A copy will be sent to the client when the reservation is made. If the client fails to pay the balance by the established deadline, it will be considered a dissolution clause, which states that, in this case, the agency and/or the organizer can dissolve the contract.


3) Price
The tour prices are listed in the contract, although the amounts stated on our website at the time of purchase are more up to date. Tour prices may vary up until 20 days before departure, due to variations in:
•    Transport cost, including the price of gasoline
•    Taxes and dues for certain tourist services, such as airport taxes
•    Exchange rates. Our programs have been priced according to timetables, currency exchanges, transport, airport and visitors’ taxes, and cost of ground transport as of September 2009 (1 euro = 1,35 US$). If there is a variation in costs, it will be applied to 70% of the total tour price.

4) Contract Withdrawal

The client can withdraw from the contract, without paying any penalties, in the following cases:
•    Price increase, for the reasons described in art. 3, of more than 10%.
•    Significant modification of one or more elements in the contract that are objectively fundamental in the enjoyment of the tour package.  The modification must be considered and proposed by the organization, without the client’s agreement, after the contract’s conclusion but before the client’s departure.
In the cases mentioned above, the consumer has the right to:
a)    Choose another tour with no extra charge and, if the second tour costs less than the first, receive a refund of the difference in price.
OR
b)    A refund of the sum already paid.  In this case, the refund is guaranteed within seven (7) working days after the receipt of the reimbursement request.  The client must state his decision (to accept the changes or withdraw) no later than two (2) working days after he has received the news of the price increase or other changes. If the organizer does not hear from the client before the aforementioned deadline, the organizer will assume that his proposal has been accepted.

If a client withdraws from the contract before departure, and none of the cases mentioned above apply, he will be debited with the net amount paid (see art. 2), plus a penalty, as stated below:
Group Tours (fixed dates)
•  Until 40 days before departure: 50% penalty
•  Less than 40 days before departure: 100% penalty
Individual Tours (open dates):
•  Until 15 days before departure    : 50% penalty                       

•  14-7 days before departure: 75% penalty
•  Less than 7 days before departure: 100% penalty
Inca Trail:
No refund, not even if the date is changed.  The client may, however, replace it with the tour, “Machu Picchu 2d/1n,” without reimbursement for the client or extra costs for the organizer.
Trekking; Amazon; Lake Titicaca; Arequipa; Paracas; Mancora
•  Until 30 days before departure: 50% penalty
•  29-15 days before departure: 75% penalty
•  Less than 15 days before departure: 100% penalty
If the client has to cancel at the last minute, he can replace “Lares Trekking 4d/3n” with “Machu Picchu 2d/1n,” without reimbursement for the client or extra costs for the organizer.
Machu Picchu; Cusco & Machu Picchu
•  Until 40 days before departure: 25% penalty
•  39-15 days before departure: 50% penalty
•  Less than 15 days before departure: 75% penalty
No refunds will be made to clients who cancel after these deadlines or to clients who cannot travel due to lack of or problems with personal travel documents. No refunds will be made to clients who decide to break off a trip they’ve already started.


5) Modification or cancellation of the tour before departure
In the case that, before departure, the organizer informs the client, in writing, of the impossibility of providing one or more of the tour’s services and offers an alternative, the client can either be refunded the sum already paid or choose the alternative tour (as described in the 2nd paragraph of art. 4).


6) Modification after departure
If, after departure, the organizer finds himself unable to provide, for any reason (apart from the client’s personal motives), a fundamental service stated in the contract, he must arrange an alternative, for no extra charge. If these services are inferior to those originally scheduled, the organizer must refund the difference.  If no alternatives are possible, or if the solution offered by the organizer is rejected by the client for serious, justified reasons, the organizer will provide, at no extra cost, a means of transport, equivalent to the one originally scheduled, to take the client back to the departure city, or to another city agreed upon by both parties.  The organizer will also reimburse the difference between the planned services and those actually offered, applying to all services scheduled until the client’s return home.


7) Substitutions
A client can withdraw from a trip and replace himself with someone else provided that:
a) The organizer is informed, in writing, at least ten (10) working days before the scheduled departure date, and receives all general information on the transferee.
b) The substitute satisfies all the conditions that will allow him to enjoy the tour and, in particular, all the requirements concerning passport, visa and health certificates.
c) The substitute reimburses the organizer for all the expenses related to the substitution, insofar as he is informed of the amount before the transfer.  Furthermore, the transferor and the transferee are jointly responsible for the payment of the tour price as well as the amounts mentioned in this paragraph. Sometimes, with certain services, the third party does not accept the name change of the transferee, even if received within the deadline mentioned in par. a).  In this case, the organizer will not be responsible for the third party’s possible refusal of the change, although he will inform the interested parties before departure.


8) Client Requirements
All clients must have an individual passport or other valid document needed to visit all countries on the itinerary, as well as corresponding transit and tourist visas and health certificates. Furthermore, they will have to comply with the general rules of prudence and attention, as well as the specific ones belonging to the country of destination. They must also abide by all information provided by the organizer, as well as follow the rules and administrative or legislative instructions concerning the tour package.  The client will have to answer for all damage done to the organizer due to the client’s own failure to understand his responsibilities. In this case, the client must provide the organizer with all documents and information useful in the exercise of the latter’s right as surrogate towards any third parties responsible for the damage. Furthermore, the client becomes responsible if the organizer endures prejudice from the former in the act of surrogacy. Lastly, when making the reservation, the client must inform the organizer, in writing, of any special personal requests, so as to make specific agreements on the travel arrangements, provided that these requests are possible.

In order to reserve a PeruEtico S.r.l tour, the client must have insurance policies that cover:
EMERGENCY ASSISTANCE/MEDICAL/BAGGAGE/GROUND TRANSPORT ACCIDENT.
In addition, the client must send a copy of the policy to the organizer by e-mail or fax.  The failure to send a copy of the aforesaid policy is cause to cancel the contract.  A flight insurance policy is only mandatory for Individual and Group Tours.


9) Claims and Complaints
Any flaws in the tour’s execution, if noticed by the client on the spot, must be mentioned to the supplier of the service or to the tour conductor (if existent), so that PeruEtico, its local representatives, or the tour conductor can seek a prompt and fair solution. The client can also make a complaint by sending a registered letter to the organizer within ten (10) working days after returning to the departure point.


10) Jurisdiction Clause
For any controversies regarding the present contract, jurisdiction will be where the tour operator is based.


11) Safety in countries around the world
The clients are requested to inform themselves in advance, through the appropriate authorities in their home country, about the risks, securities and precautions related to the countries on the tour schedule and to decide individually and freely whether or not to participate in said tour.  PeruEtico will not be held responsible for harm or injury that may arise during the tour, if it is caused by the general safety situation in the countries visited.


12) Insurance
In order to sign up for a PeruEtico S.r.l tour, the client must have insurance policies that cover: EMERGENCY ASSISTANCE/MEDICAL/BAGGAGE/ GROUND TRANSPORT.
Though they are not mandatory, we advise taking out insurance policies in: TRIP CANCELLATION and PERSONAL/PUBLIC LIABILITY.
In addition, the client must send a copy of the policy to the organizer by e-mail or fax.  The failure to send a copy of the aforesaid policy is cause to cancel the contract.

Resbalosa 520 - Cusco, Perú - Telefax +51 84 232069
web: http://www.peruetico.com/
email: info@peruetico.com | msn: peruetico@hotmail.com