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kintu
expeditions, also referred to as the Company herein,
wants you to enjoy your holiday of a lifetime with
complete success. Please read the following conditions
carefully as it is your contract with kintu expeditions.
By booking a trip with kintu expeditions, you agree to
be bound by these Terms and Conditions which outline,
among other things, our cancellation policy and certain
limitations of liability. These Terms and Conditions
affect your rights and designate the governing law and
forum for the resolution of any and all disputes.
The quote given by us will be valid for 7 days from the
date of your first enquiry. If you have any questions
whatsoever regarding your holiday, the booking procedure
or conditions of sale then kintu expeditions will be
happy to answer them for you. Quotes do not apply to
international flights to and from South America or
within South America itself. These quotes are often
valid for a short number of days and on some occasions
only one day. Once a flight is quoted, the flight must
be paid for immediately and purchased on that day or if
possible the next day to ensure the validity of the
quote.
Our prices do not include the international air fares to
South America, international airport taxes, meals not
specified in your itinerary, personal expenses, personal
insurance, tips and baggage porterage.
1. The contract
The contract is between kintu expeditions (also
known as the company) and the client, being any person
travelling or intending to travel on a tour operated by
the company. You, the client are subject to have read
and understood our travel policy as outlined below. By
making a booking by telephone, or through the website,
or by email or facsimile with the Company or its Agents,
you accept and are bound by these Terms and Conditions.
These Terms and Conditions shall constitute the entire
agreement between the Company and the Client relating to
the subject matter herein, and shall constitute a
binding agreement. There is no verbal or written
representation, warranty, collateral agreement, prior
agreement, description of services, or conditions, other
than as expressed herein. The service to be provided is/are
the tour(s) referred to in the booking confirmation.
These conditions only apply to services in our programme
and not to the international and national flights. These
are subject to the conditions imposed by the airlines.
2. Securing your
booking
To guarantee a reservation,kintu expeditions
requires a fully completed booking form (either the one
on our website or the one sent by us with your quote)
together with the necessary deposit payment as stated at
the time. Clients are deemed to have read and understood
the conditions of sale and to have indicated this by
choosing the appropriate response on the booking form. A
booking is accepted and becomes definite only from the
date when kintu expeditions sends out a written
confirmation invoice (once we have received your deposit
payment) at which point a contract exists. kintu
expeditions reserves the right to decline any booking at
their discretion.
3.
Client Details
In order for the Company to confirm and
guarantee the Clients travel arrangements the Client
must provide all client details with their initial
payment or no later than 60 days prior to the start of
the tour, last minute bookings excluded. If the Client
does not provide all client details within 60 days
before departure, a fee of USD$50.00 will be charged to
the file. In the event where client details have not
been received by the Company 30 days prior to the
Clients trip departure, the Company reserves the right
to treat the file as cancelled and full penalties will
apply. Client details include passport number, copy of
passport details and medical form (where applicable),
full name, date of birth and nationality.
4. The Final payment/Surcharges
In order for the Company to confirm and guarantee the
Clients travel arrangements the Client must provide all
client details with their initial payment or no later
than 60 days prior to the start of the tour, last minute
bookings excluded. If the Client does not provide all
client
Surcharges
Prices quoted remain valid for 7 days from the
date of your first enquiry. If we receive the deposit
payment on or before the 7th day of our quote, we
guarantee not to surcharge you.
kintu expeditions reserves the right to increase the
tour cost to take into account the following items:
government actions, currency fluctuations,
transportation costs (including the cost of fuel),
airport charges and an increase in scheduled air fares.
kintu expeditions will absorb a sum, equal to 2% of the
tour cost, should a surcharge be necessary. This does
not apply to government taxes, imposed after publication
of our programmes, insurance premiums and amendment
charges. The client will have to pay any sum in excess
of this 2%. If the surcharge results in an increase of
more than 10% of the tour cost, government taxes and
amendment charges, the client may cancel the booking
within 7 days of notification of the surcharge and
obtain a full refund. You will be notified of any such
surcharge no later than 4 weeks before departure.
5. If you change your booking
An administration fee of US$50 per person will
be charged if a confirmed booking is changed or
transferred to a different departure date or tour, up to
60 days prior to departure. Thereafter all changes will
be treated as cancellations and subject to charges as
below (see 8.Cancellation by you).
If a client is unable to travel, in circumstances which
kintu expeditions considers reasonable, then the booking
might be transferred to another suitable person, however
the tour arrangements must remain the same and if all
suppliers (including airlines) agree to accept the name
change. If a transfer is allowed then an administration
charge of US$50 per person will be made if the company
is notified up to 60 days before departure or US$100 per
person if less than 60 days, plus any extra charges
levied by our suppliers.
6. Changes
(a) Changes made
by the Company: The Company reserves the
right to change any of the facilities, services or
prices described in the brochure or website before a
booking is made. If such a change is made, the Client
will be told at the time of booking or when the change
occurs. While the Company will endeavour to operate all
tours as advertised, reasonable changes in the itinerary
may be made where deemed necessary or advisable by the
Company. If the Company makes a major change the Company
will inform the Client as soon as reasonably possible if
there is time before departure.
The definition of a major change is deemed to be a
change affecting at least one day in five of the
itinerary. A major change does not apply to the carrier,
transport or named accommodation. kintu expeditions will
not accept responsibility for changes in flight schedule
or departure airport, as this is the responsibility of
the airline If the major change is due to force majeure
or unforeseen circumstances no compensation is payable.
When a major change is made the Client may choose
between accepting the change, obtaining a full refund of
all monies paid or accepting any alternative tour
offered by the Company along with compensation as
indicated. Provided that the major change is not a
result of situations outside kintu expeditions's control
or consolidation; Compensation will be paid as follows:
Period of notification given to you
More than 42 days: Nil compensation
41 to 28 days: $30 (or £ equivalent) per person
27 to 14 days: $40 (or £ equivalent) per person
13 days to date of travel: $50 (or £ equivalent) per
person.
kintu expeditions will not pay compensation if forced to
cancel or change your tour because of war, threat of war,
riot, civil strife, industrial dispute, terrorist
activity, natural or nuclear disaster, fire or adverse
weather conditions, epidemics or health risks, technical
or maintenance problems with transport, closed or
congested airports or ports, changes imposed by re-scheduling
or cancellation of flights by airlines, the alteration
of airlines or aircraft types, or similar events beyond
the control of kintu expeditions.
Consolidation refers to the fact that some tours, known
as fixed departure tours, are dependent upon a minimum
number of persons participating (this being four). kintu
expeditions is not liable for any penalty charges
associated with "supersaver"-type connecting rail or
airfares, in the event of a change to a tour departure
time, date or airport. kintu expeditions reserves the
right to cancel a tour in any circumstances but will not
cancel a tour less than 8 weeks before departure, except
for force majeure, consolidation or the client’s failure
to pay the final payment. Unless the client fails to pay
the final payment, kintu expeditions will return all
payments made or offer an alternative tour of comparable
standard and will pay compensation on the scale as shown
above. No compensation will be paid if cancellation is
due to force majeure or consolidation.
(b)
Amendments: Within 60 days of departure
any amendments to a file will depend on availability and
will be on a request basis. Any extra costs incurred for
making the change will be charged along with an
amendment fee of USD$50.00 No amendments are
permitted to your booking within 10 days of departure.
7.
Cancellation by the Company
kintu expeditions reserves the right to cancel
any trip before it is guaranteed to run, but will not
cancel a tour less than 60 days before departure. A trip
is guaranteed to run once it has one fully-paid traveler,
unless minimum numbers state otherwise. This applies to
departures within the brochure validity range.
kintu expeditions reserves the right to cancel any trip,
including a guaranteed trip, at any time prior to
departure due to terrorism, natural disasters, political
instability or other external events which make it
unviable for the Company to operate our planned schedule.
If kintu expeditions cancels a group trip on which you
are holding a full-paid booking you may choose between
an alternative trip or a full refund. The Company is not
responsible for any incidental expenses that you may
have incurred as a result of your booking such as visas,
vaccinations, non-refundable flights or loss of
enjoyment, etc. If the alternative trip chosen is of a
lower value than that originally booked then you are
entitled to a refund of the price difference. If the
alternative tour is chosen is of a higher value then you
will pay the difference in price.
Note: scheduled airlines may impose
100% cancellation charges.
8. Cancellation by
you
Should the client wish to cancel, cancellation
charges will be imposed. These are calculated from the
day written notification is received by kintu
expeditions.
The charges are shown below:
60 and more days before departure: retention of deposit
59 to 30 days before departure: 60% of total price
29 days to 14 days before departure: 90% of total price
Less than 14 days: 100% of price
You are strongly advised to take out
cancellation insurance at the time of making the booking
as this will cover cancellation charges in certain
circumstances. (Note: such insurance will not cover a
change of mind.).
9. Unused Services & Additional Costs
There will be no discounts, postponements of
tour or monies refunded for missed or unused services,
this includes voluntary or involuntary termination, ie.
sickness, death of a family member, etc.
kintu expeditions is not responsible for any additional
expenses incurred such as additional hotel accommodation,
meals, additional transportation costs etc as a result
of unexpected changes in your trip due to a change in
airline scheduling, cancellation of flights, bad weather,
war, threat of war, riot, civil strife, industrial
dispute, terrorist activity, natural or nuclear disaster,
fire or adverse weather conditions, epidemics or health
risks.
10. Complaints
Should the client have a complaint about any of
the tour arrangements, it is a condition of the contract
that you tell our local representative at the time.
Failure to complain at that moment in time will deny us
the opportunity to investigate and rectify the problem
and thus render kintu expeditions unable to accept any
form of responsibility. If the client has a dispute with
kintu expeditions which kintu expeditions is unable to
resolve then please write to us within 28 days of your
return and we will investigate further.
11. Travel and cancellation insurance
Travel insurance is highly recommended for all
clients who book a tour with kintu expeditions and we
advise a minimum coverage of US$75,000 which must cover
personal injury, medical expenses, repatriation
expenses, evacuation expenses, cancellation and
curtailment. It is our policy to check the validity and
cover of your insurance policy and we hold the right to
refuse travel to anyone whose insurance does not satisfy
these criteria. If you choose not to purchase travel
insurance, you will be required to sign a waiver form
acknowledging your acceptance that insurance was
recommended but you refused and should the need arise
for change or cancellation of your tour or if you incur
any expenses such as medical expenses, that the Client
will be responsible for all such extra costs.
12. Medical
Form
For insurance purposes all clients are
required to complete our kintu expeditions Medical
Form which must be signed and dated by a practicing
physician (if there are any pre-existing conditions)
and sent to us no later than 30 days prior to the
start of your tour. In the event where the Client
has made a booking with the Company and subsequently
is unable to complete the required medical form for
any reason before the 30 days prior to the start of
your tour, the Company reserves the right to treat
the booking as being cancelled as per the day of
notification and applicable cancellation charges
will apply.
13. Financial Security
kintu expeditions is a Tourism Ministry
Accredited travel agency and registered as a limited
company under the Ministries of the Peruvian tourism
board. kintu expeditions fully complies with the current
European regulations regarding the protection of
client’s money.
14. Clients
responsibility
Clients agree to accept the authority and
decisions of kintu expeditions’s employees, tour leaders
and agents whilst on tour with kintu expeditions. If in
the opinion of such persons the health or conduct of a
client at any time before or after departure appears
likely to endanger the safety, comfort or happy progress
of a tour, then the client may be excluded from all or
part of the tour. In the case of ill health, kintu
expeditions may make arrangements, as it seems fit and
recover the costs thereof from the client. If a client
commits an illegal act, he/she may be excluded from the
tour and kintu expeditions shall cease to have
responsibility to/for them. If you are affected by a
condition, medical or otherwise, that might affect other
peoples' enjoyment or active participation of the tour;
you must advise us at the time of booking and indicate
this in the kintu expeditions Medical Form. No refund
will be given for any unused services if excluded from a
tour for any of these reasons. The Client must at all
times strictly comply with the laws, customs, and
foreign exchange and drug regulations of all countries
visited.
Clients must be in possession of, and are responsible
for arranging a valid passport, visa if applicable and
any vaccination certificates required for the whole of
their journey. Your passport must be valid for 6 months
past your return date. The Client is also responsible
for all visas, permits and certificates including
vaccination certificates and insurance policies required
for the whole of the journey. The Client accepts full
responsibility for obtaining all such documents and
permits, and is solely responsible for any adverse
consequences resulting from missing or defective
documentation. Any information or advice given by the
Company regarding visas, vaccinations, climate, clothing,
baggage, special equipment, etc. is given in good faith
but kintu expeditions cannot be held responsible for any
of this information and the Company is not responsible
for any errors or omissions as to the information
provided. To expedite the issuing of kintu expeditions
travel documents please note that all tour related
travel documents such as vouchers, itineraries and
invoices will be sent via email .
15. Our
responsibilities
Clients bookings are accepted on the
understanding that they appreciate the possible risks
inherent to adventure travel and that they undertake the
tours, treks or expeditions, featured in our programmes,
at their own volition. It is also important to
understand that the most meticulously planned
arrangement can go wrong. After all, South America is an
underdeveloped continent as far as basic infrastructure
is concerned. Conditions are such on some of our tours
that there may be occasions when delays, discomforts or
unforeseen circumstances will occur. kintu expeditions
cannot accept complaints due to these aspects.
a) Where the client does not suffer personal injury, the
company accepts liability should any part of the tour
arrangements, booked with kintu expeditions, not be
supplied as described in the itinerary. In such cases
kintu expeditions will pay reasonable compensation if
the clients enjoyment of the tour arrangements has been
adversely affected but will pay no compensation if there
has been no fault on the part of kintu expeditionsor its
suppliers and the reason for the failure was the
client's own fault, the actions of someone unconnected
with the tour arrangements or one which neither the
company nor its suppliers could have anticipated or
avoided, even if all due care had been exercised.
b) When the client suffers death or personal injury as a
result of an activity forming part of the tour
arrangements booked with kintu expeditions, kintu
expeditions accepts responsibility unless there has been
no fault on kintu expeditions’s part or its suppliers
and the cause was the clients fault, the action of
someone unconnected with the tour arrangements, or one
which neither kintu expeditions nor its suppliers could
have anticipated or avoided, even with the exercise of
all due care.
c) kintu expeditions’s acceptance of liability to pay
compensation pursuant to clauses 15(a) and 15(b) is
limited, in the case of air travel, rail travel, sea
travel or hotel accommodation, to the amount set out in
the provisions of, respectively, the Warsaw Convention
as amended by the Hague Protocol 1955, the 1961 Berne
Convention, the 1974 Athens Convention and the 1962
Paris Convention.
d) kintu expeditions’s acceptance of liability in
clauses 15(a) and 15(b) above is subject to assignment
by the client to kintu expeditions of the client's
rights against any agent, supplier or subcontractor of
kintu expeditions, which is in any way responsible for
the unsatisfactory holiday arrangements or the client's
death or personal injury.
16a. Limits on
kintu expeditions’s
Responsibility
kintu expeditions, its employees, shareholders,
officers, directors, successors, agents and assigns (collectively
kintu expeditions), does not own or operate certain
entities which provide goods or services for your trip.
It purchases transportation (by aircraft, coach, train,
vessel or otherwise), hotel and other lodging
accommodations, restaurant, ground handling and other
services from various independent suppliers (including
from time to time other affiliated kintu expeditions
companies). All such persons and entities are
independent contractors. As a result kintu expeditions
is not liable for any negligent or willful act of any
such person or entity or of any third person.
16b. Affidavit of Release
and Assumption of Risk
Upon arrival to your destination city, you will
be required to complete and sign an Affidavit of Release
and Assumption of Risk which will be worded as follows:
I am aware that this affidavit clause is applicable
whether traveling by foot, plane, train, car, boat or
any other means of transport provided by kintu
expeditions E.I.R.L. (hereinafter “The Company”) during
the trip that The Company organizes.
The Company compels to provide its services with the
required diligence. The hours pointed out in the
entrance and departure schedules are not guaranteed.
Therefore the schedules are subject to be modified by
the Company; in this case the Company would not assume
any responsibility for the losses, damages or any harm
that these delays or modifications may cause to
passengers.
The Company cannot assume any responsibility for force
majeure, climatic phenomena or natural events that may
occur before or during the tour, or for any eventuality
which may make any trip uncomfortable or difficult, or
for any delay or obstruction to a tour in any way and
will not warrant failure on part of the company for
either total or partial execution of the rendering of
the services that the Company has agreed to provide
which may have been affected by the aforementioned
factors.
The Company does not assume responsibility for the risks
that the passenger assumes as a consequence of the trip.
The Company is not responsible for any psychological
condition or health condition of the passengers
traveling in any of the means of transport provided, nor
for any type of disorder or accident that may occur to
passengers as a consequence of this psychological
condition or health condition or for the same through
any third party or through force majeure.
For all trekking/climbing programmes, there will be a
US$50 additional charge per item, in case of damage to
the tent/sleeping bag provided by the company.
I hereby declare that I have read and understood the
terms and conditions as described above in addition to
the Conditions of Sales as outlined by the company on
the website/brochure or form provided and that I am
fully aware that my signature confirms this declaration
17. Flexibility
The Client appreciates and acknowledges that
the nature of this type of travel requires considerable
flexibility and should allow for alternatives. The
itinerary provided for each tour is merely
representative of the types of activities contemplated,
and the company is under no contractual obligation to
strictly follow it. It is understood that the route,
schedules, itineraries, amenities and mode of transport
may be subject to alteration without prior notice due to
local circumstances or events, which may include
sickness or mechanical breakdown, flight cancellations,
strikes, events emanating from political disputes, entry
or border difficulties, climate and other unpredictable
or unforeseeable circumstances.
18. Flights/Delays
We cannot accept liability for any
cancellations or delays in any of your flights, whether
the cancellation or delay is caused by adverse weather
conditions, rescheduling of the airline, airport
authority and/or action by air traffic controllers,
mechanical breakdown or industrial action. Where long
flight delays result in lost holiday time, no refunds
are given by hotels or suppliers. Similarly, airlines do
not offer compensation for flight delays. However, at
their discretion, carriers will endeavour to reduce the
inconvenience of any delay by providing meals and
accommodation, as appropriate for the time of day or
night (dependent on local availability). If you incur
payments for such services in the event of a delay,
kintu expeditions will not accept responsibility for
payment unless we have given our prior consent.
19. Factors
outside the control of kintu expeditions
(Force Majeure)
kintu expeditions shall not be liable in any
way to the Client for death, bodily injury, illness,
damage, delay or other loss or detriment to person or
property or for kintu expeditions’s failure to commence,
perform and/ or complete any duty owed to the Client if
such death, delay, bodily injury (including emotional
distress or injury), illness, damage or other loss or
detriment to person or property is caused by Act of God,
war or war like operations, terrorist activities, civil
disputes, labour difficulties, whether or not kintu
expeditions is a party thereto, interference by
authorities, political disturbance, howsoever and where
so ever any of the same may arise or be caused, riot,
insurrection and government restraint, fire, or any
other cause whatsoever beyond the reasonable control of
kintu expeditions.
20. Suppliers
Conditions
Airlines, railways, coach and shipping
companies and other suppliers have their own booking
conditions or conditions of carriage, and you will be
bound by these as far as the relevant transport provider
or supplier is concerned. Some of these conditions may
limit or exclude liability on the part of the relevant
transport provider or other supplier, and they are often
also subject to various international conventions. Where
relevant, copies of such conditions may be available for
inspection at our offices, or at the offices of the
relevant supplier.
21. Local
Conditions
Client acknowledges that she/he will be
visiting places where the political, cultural and
geographical attributes present certain risks, dangers
and physical challenges greater than those present in
our daily lives. By booking travel with the Company, the
Client acknowledges that she/he has considered the
potential risks, dangers and challenges, and expressly
assumes the risks attendant to such travel conditions.
The Client is solely responsible for acquainting her/himself
with the customs, weather conditions, physical
challenges and laws in effect at each stop along the
itinerary, and is encouraged to locate or make contact
prior to embarkation with his/her local embassy or
consulate in each destination.
22. Errors and
Omissions
Although the Company has made a concerted
attempt to verify the accuracy of statements made herein
, the Company cannot be held responsible for any error,
omission or unintentional misrepresentation that may
appear in this brochure or on our website.
23. Privacy
Policy
We will provide your personal information, as
well as any personal information you provide in relation
to the persons whose travel arrangements have been
requested by you, to suppliers and carriers to enable
the operation of the services requested by you. We do
our utmost to protect your personal information.
24. Special
Requests
Specific requests such as adjacent or
connecting rooms, bedding requests, smoking or non-smoking
rooms and special dietary needs should be advised at the
time of booking. Please note that every effort will be
made to secure your special request; however, they
cannot be guaranteed.
25. Prices and
Arrangements
Quoted programme prices include planning;
handling and operational charges are based on current
rates of exchange, tariffs and taxes. kintu expeditions
reserves the right to increase tour prices to cover
increased costs, tariffs and taxes received after prices
are published, and to reflect fluctuations in foreign
exchange markets. kintu expeditions is under no
obligation to give breakdown costs involved in any
programme.
26. Immediate
Check-in
On programs where immediate check-in has not
been included in the program price, kintu expeditions
does request that hostels/lodges do their utmost to
facilitate this service; however, it is not guaranteed.
Most hostels/lodges allow check-in to take place during
the mid-afternoon. Should you wish to have your room
ready for immediate check-in on arrival; kintu
expeditions can arrange this for an additional charge.
27. Active
Programmes
On specified programmes there are active tours
or some elements of active tours. To enjoy these
programmes as intended, a minimum level of fitness is
required. The required level would be equivalent to what
is obtained by routine daily exercise such as golf,
jogging, energetic walking, tennis, etc. Activities
during the programme could include (but are not limited
to) hiking, off-road walking, walking on uneven steep or
cobbled streets, horseback riding, cycling, activities
taking place at high altitude, off-road mountainous
driving and navigating uneven terrain. kintu expeditions,
therefore, will require notice if any participant has
any physical or other condition or disability that could
create a hazard to himself or herself or to other
members of the tour. If the minimum level of fitness is
not met for the program selected, kintu expeditions
reserves the right to decline to accept anyone on the
trip. kintu expeditions also reserves the right to
remove from the trip, at the participant’s own expense,
anyone whose condition is such that it could create a
hazard to himself or herself or others, or otherwise
impact the enjoyment of other passengers on the trip.
Should you have any questions or need any clarification
about a specific tour please ask for details at time of
booking.
28. Child Policy
On all programmes, unless otherwise indicated,
the maximum age of a child is 11 years 11 months. 12
years or older are considered adults and will be subject
to full adult tariffs.
29. Photography
During Travel
kintu expeditions reserves the right to take
photographs during the operation of any programme or
part thereof and to use them for promotional purposes.
By booking a programme with kintu expeditions, programme
members agree to allow their images to be used in such
photographs. Programme members who prefer their images
not be used are asked to identify themselves to their
Tour leader at the beginning of their programme.
30. Last Minute
Bookings
For any bookings made within 15 days of
departure, there will be a USD$100.00 fee charged to the
file. This last minute booking fee covers our additional
costs for couriers, communication, and administration.
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