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TRAVEL CONTRACT Your contract with Exploring Chile conforms to the norms that protect travellers from unreasonable conditions. Nevertheless we recommend that you read the following booking terms and conditions before departure so that you understand fully the norms that govern the relationship between you, the client, and Exploring Chile Travel. Traveller Name and Surname: _______________________________________________ Passport number: _______________________________________________ Address: _______________________________________________ Travel Operator Legal name: Exploring Chile Travel Limitada RUT (VAT reg number): 76.508.860-7 Address: Avda. Nueva Los Leones 0135, Of. B - Providencia- Santiago - Chile Legal representative: Yuri Marin Diez Exploring Chile Travel & Dreams Exploring Chile is a Chilean company, that organises holidays and tourist services, through its own means, as well as via sub-contractors and independent providers, and has the authority to provide: transport services, and reservations at hotels, beauty spas, hot springs, restaurants, cruises, professional guides and rental cars. As a client of Exploring Chile, you have the right to receive complete and timely information, but you also have the responsibility to make yourself aware of the standards policies and conditions that govern the services supplied by Exploring Chile: 1. Booking details 2. Services included in the price of the holiday 3. Obligations of the traveller Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 1 4. Rights of the traveller 5. Obligations of Exploring Chile 6. Rights reserved by Exploring Chile 7. Responsibilities 8. Exploring Chile and its clients 9. Agreement 1. Booking details: Name of travel programme: _________________________________________ Destination/itinerary: _________________________________________ Number of days: _______ Nights: _______ From: _____________ To: _____________ Leaving from:________________________ Returning to: _______________________ 2. Services included in the price of the holiday: This contract stipulates that the above-mentioned person specifies in a full and timely manner which of the following services they require from us. Regarding internal flights the client has two options: a) Exploring Chile will buy your flights at the best market price available, and then include them in the cost of your holiday. b) You buy your own flights and let Exploring Chile know the precise dates of the flights and the carrier you have chosen, so that we can arrange onward transport for you. As a rule our holidays include: ∙ All flights and transfers unless requested otherwise by the client. ∙ Group transfers to and from the airport, unless the client requests private transfers. ∙ Reservations for single or double rooms in the type of accommodation specified by the client. We offer 3, 4 and 5 star accommodation, depending on availability. If the hotels chosen are fully-booked, alternative accommodation of the same standard will be provided. In very remote locations, such as the Bolivian Highlands where there is a shortage of hotel beds, we will do our best to find an alternative accommodation of the same category. Where this is not possible, we will place you in accommodation of a lower category. Reimbursement is not possible. The best way to ensure you get the accommodation that you want, is to book in far in advance. Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 2 ∙ Meals are as indicated in the itinerary: generally drinks and wine are not included in the price. ∙ Equipment for outdoor activities, (This does not include personal items such as sleeping bags, sunglasses etc.) ∙ Safety equipment for both conventional and adventure holidays. Depending on the level of risk of your itinerary these may include: first aid case, VHF radio transceivers, oxygen cylinders and/or hyperbaric chamber and GPS. ∙ Professional guides and camping staff. ∙ The cost of visits to sites of historic, cultural and natural interest. ∙ State taxes and the entrance fees for National Parks, (under the heading ‘taxes and levies’). Not included in the cost of the holiday: travel documents, excess baggage, travel insurance, visas, meals not included in the itinerary, optional trips and activities, changes to the holiday after purchase, personal expenses and anything else not included under “included in the price”. 3. Obligations of the Traveller 3.1 Booking and Payment: Booking must be made by the date indicated in the programme information and must be done via fax or email. The booking must contain the client’s personal information and the details of the chosen holiday programme. The client must provide Exploring Chile with any specific personal requests or requirements for the holiday in writing. To confirm the booking, the client must make a 50% deposit of the total cost of the programme. Confirmation of payment must be sent by the client to Exploring Chile via email or fax. The balance must be paid within 45 days of departure for the holiday. If booking is made less than 45 days before departure the total cost of the holiday must be paid, up front, in order to confirm the booking. Once the deposit has been paid a contract between the client and Exploring Chile has been entered into, it is assumed that you have read and accepted the terms and conditions stated in this contract and in any other documentation relating to your holiday programme. Fifteen, (15) days after your booking has been confirmed, unless you have made a lastminute booking, you will receive all the information and documentation relating to your Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 3 holiday. If payments are not made within the dates specified in this contract, Exploring Chile Travel retains the right to cancel the booking without making any refund to the client. 3.1.1 Client cancellation: If the holiday, or any part of the holiday is cancelled for whatever reason the following penalties apply: a) Cancellation 61 days before departure: 20% of the cost of the holiday; b) Cancellation between 60 and 46 days before departure: 35% of the cost of the holiday; c) Cancellation between 45 and 31 days before departure: 40% of the cost of the holiday; d) Cancellation between 30 and 10 days before departure: 60% of the cost of the holiday; e) Later than this 100% of the cost of the holiday will be retained by Exploring Chile Travel; f) No refund will be made if the client does not show up for the holiday, does not have the necessary travel documents or decides to end the holiday part way through. In the case of a refund, the client will be responsible for the cost of the money transfers. Penalties for cancellations of flights Both domestic and international air tickets bought by Exploring Chile on behalf of the client are purchased at the lowest possible price and therefore cannot be refunded under any circumstances. Services subject to special conditions In certain circumstances, (some cruises and hotels), the policies of the supplier relating to client cancellations will apply, rather than those of Exploring Chile. Cancellations must be communicated during a working day, (Monday - Friday, 09:30 am to 5pm) and in writing with a letter or fax. 3.2 Travel documents: The client must have a valid passport or other document that permits international travel to the destination countries in their itinerary, as well as, travel visas where necessary and the required health or vaccination certificates. The client must also demonstrate common sense, normal prudence, must respect Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 4 the local customs of the countries to be visited and must pay attention to the information provided by Exploring Chile and Exploring Chile’s associates. The client must also respect any rules and regulations specified by the travel programme. The client will be held responsible for any damage they cause as a result of not respecting any rules or regulations. 3.3 The client must respect the laws and rules of any places they visit during their holiday: They must not break any rules or laws during their holiday, including any regarding; airports regulations, local police regulations, health law, local customs, environmental regulations or indeed laws of any nature, (for example those that are enforced in the national parks or any other places that the client might visit during their trip). 3.4 The client must be punctual: They must arrive on time at airports, stations and bus terminals on the day and at the time agreed. They must also be punctual for all other trips and excursions. 3.5 Personal equipment: The client is responsible for their own belongings, and needs to bring clothing and equipment appropriate for their trip. They must respect the weight limit policies of the carrier they are flying with. Any fines for being over the weight limit are the responsibility of the client. 4. Rights of the Traveller 4.1 The client is entitled to receive the services they have booked and paid for, according to the terms and conditions presented in the programme information and this contract; 4.2 Right to information: in the case of changes or cancellations to any service included in the itinerary, either before or during the holiday (except in the case of force majeure), the client will be informed in a timely manner and has the right to receive an equivalent service of the same level and quality. 5. Obligations of the Travel Operator ( Exploring Chile Travel) 5.1 Booking and Payment: Exploring Chile guarantees that once a booking has been made by the client, our offices will make the individual bookings as specified in the travel programme in a timely manner and put down the required deposits; 5.2 Services provided: Exploring Chile is committed to providing the services booked and purchased by the client according to their travel programme; Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 5 5.3 Information: Exploring Chile must inform the client in a timely manner of any changes to the itinerary or cancellation of any services before or during the holiday; 5.4 Alternative activities or routes will be offered in the case of adverse weather conditions that hinder or rule out the planned route and/or put at risk the safety of the client; 5.5 If Exploring Chile cancels a trip or activity, they will reimburse the total cost of the trip or activity to the client. In no other circumstance can the client ask for financial compensation of any type. 6. Rights of the Travel Operator, ( Exploring Chile Travel): 6.1 To put deadlines on the prices offered in their programmes; 6.2 To change prices of programmes to reflect changes in the price of flights or as a result of exchange rate movements; 6.3 To change a service (hotel, tour, trip), as long as they communicate this to the client; 6.4 To refuse as client anyone who does not respect the terms and conditions of this contract; 6.5 To take photographs, film or record any tour or part of that tour for promotional reasons unless the client specifies, when booking the holiday, that they do not want to be filmed, photographed or recorded. 7. Responsibilities of the parties 7.1 Exploring Chile is not responsible for services and failures of those services by contracted third parties or in any situation where services are not provided directly by Exploring Chile; 7.2 Exploring Chile is not responsible for a lack of rooms in hotels or space at tourist destinations. In such instances Exploring Chile will do their best to find other suitable accommodation of a similar category; 7.3 Exploring Chile is not responsible for timetable changes or programme changes decided on by the tour leader, local representative or other agency, when made to guarantee the safety of the client; Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 6 7.4 Exploring Chile is not responsible for breakdowns or for changes to flights, timetables, itineraries, flight cancellations that result from force majeure (weather conditions, strikes, natural disasters etc.) and for any other force majeure that is out of the control of the hands of Exploring Chile Travel. Any extra costs resulting from changes to the programme will be borne by the client; 7.5 In mountain expeditions Exploring Chile cannot guarantee that the client will reach the summit, as this is dependent on the fitness of the client. Exploring Chile has the right to stop any member of the group from continuing with the expedition if it is deemed that he/she is in danger or is endangering other members of the group through his/her behaviour, without giving any refund; 7.6 If during the holiday, the client requests a change of itinerary for personal reasons, Exploring Chile will try to accommodate the client’s wishes. However any additional cost is the responsibility of the client and no refunds can be given for activities already organised and then not undertaken; 7.7 The holidays we offer include outdoor physical activities and close proximity to nature. These tours, especially those at high altitude, have an intrinsic level of risk and are dependent on a number of factors and circumstances that are out of our control. Therefore Exploring Chile does not assume responsibility, (including of a pecuniary nature), for accidents, (including fatal accidents), illnesses or any other problems that arise as a result of omissions by sub-contractors, irresponsible behaviour on behalf of the client, for any other reason (such as poisoning), or as a result of any other circumstances out of our control; 7.8 Exploring Chile holidays do not include travel insurance. Our clients are strongly advised to purchase an adequate travel insurance policy in the country in which they are a resident that protects against cancellation, injury and covers medical expenses in the case of illness. We recommend that elderly clients or those with existing health conditions see a doctor before travelling be advised on whether it is sensible to travel; 7.9 Clients travelling with children are completely responsible for them; 7.10 Exploring Chile is not responsible for theft or loss of baggage or personal possessions; Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 7 7.11 Trips organised by the client on the ground and not included in the cost of the programme are not covered by this contract because Exploring Chile has no responsibility either as travel operator or service intermediary, even if staff employed by Exploring Chile, out of courtesy, accompany the client on such a trip. 8. Exploring Chile and their clients: It is not possible to control all eventualities during adventure holidays. It is therefore in large part the positive attitude of the client that ensures a successful holiday. Exploring Chile operates in the natural world. Our overriding philosophy is respect for nature and our main objective is to protect it from any form of pollution. The client is asked to actively participate in this ‘low impact’ philosophy of tourism throughout your stay and in all the places you visit. 9. Agreement: (Please complete in Block Capitals) Please sign to confirm that you accept Exploring Chile’s booking terms and conditions: The Client (name and surname) Tour Operator Yuri Marin Diez Exploring Chile Travel ________________________ Signature (legible) _____________________________ Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 8 Date:_____/_____/_____ Exploring Chile Travel & Dreams Santiago Chile Tel: +56 2-23356826 - Fax: +56 2-23358398 Av.Nueva Los Leones 0135 Of.B - Providencia - Santiago Chile [email protected]; [email protected] 9