1. CANCELLATION BY ENIGMA ADVENTURE TOUR
OPERATOR
ENIGMA Adventure Tour Operator reserves the right to cancel a program in
case any of the following circumstances occur:
(i) Client's failure to pay the final balance two days prior to departure
date.
(ii) Force majeure: Impossibility to operate the program or trek due to
unusual or unforeseen circumstances outside ENIGMA's control. Ie. weather
conditions not permitting, strike not allowing operation or putting it
at risk, sudden inaccessibility of route, etc.
The following refund policies apply in each case:
(i) In the event of a client's failure to pay the due balance, the
client will not have any right for the deposit refund.
(ii) In case force majeure occurs, ENIGMA will propose viable solutions
to operate the program within the available dates, or if impossible,
will then propose an alternative program. If the alternative program
chosen by the client is of lower value than that originally booked
then the client is entitled to a refund of the price difference. All
costs derived will be at the expense of the client. In case none of
these would be feasible, ENIGMA would refund all the money paid except
all the incurred expenses so far.
2. CANCELLATION BY THE CLIENT
Please note that the program deposit is non-refundable. The deposit is
used to purchase the space within the group and once a space is purchased
it cannot be resold afterwards.
In case of cancellation by the client, the following refund policies
apply:
Inca Trail or any trek including the Inca Trail
(i) Cancellation up to two days prior to departure: loss of program deposit
(ii) Cancellation between two days and the departure date: will be considered
a No Show and no refund will be applicable. The unused trek permit will
be returned as well as the return train ticket from Aguas Calientes to
Cusco and the bus tickets from Machu Picchu to Cusco. Clients may be
able to re-use the tickets by presenting them to the respective authorities
and paying an additional amount, which varies depending on the ticket.
(iii) If the trek balance is not paid two days before the trek departure
date, ENIGMA will assume the client is canceling the trek and the deposit
will not be refunded.
All other treks or programs (excluding custom itineraries and mountain
climbing programs)
(i) Cancellation with at least one month prior to departure: ENIGMA will
refund 75% of the program costs in case the full amount has been paid,
or 50% of the program deposit in case only the deposit has been paid.
Cost of the refund transfer will be at the client's expense.
(ii) Cancellation between one month and two days prior to departure:
ENIGMA will refund 50% of the program costs in case the full amount has
been paid. In case only the 50% deposit has been paid, the client will
have no right to refund. Cost of the refund transfer will be at the client's
expense.
(iii) Cancellation with less than two days prior to departure: will be
considered a No Show and no refund will be applicable.
(iv) If the trek balance is not paid two days before the trek departure
date, ENIGMA will assume the client is canceling the trek and the deposit
will not be refunded.
Cancellations regarding custom itineraries and mountain climbing programs
will depend on each specific program and will therefore be agreed upon
between ENIGMA and the client by e-mail accordingly. ENIGMA reserves
the right to modify the above-mentioned cancellations and refund policies.
All modifications will be immediately informed to the affected client
through written communication.
3. PRICES AND SURCHARGES
As we publish our prices well in advance, we may occasionally be faced
with significant cost increases due to factors over which we have no
control. As such we reserve the right to impose surcharges (or price
decreases) up to one month before departure due to increases in entrance
fees, train fares or other transport costs, taxes, if government action
should require us to do so or others. Any surcharge or price decrease
will be fully explained and justified by ENIGMA before implementation.
If any surcharge results in an increase of more than 10% of the program
cost the client may cancel the booking and obtain a full refund less
expenses already incurred, provided the cancellation is made with at
least one month prior to departure date.
4. ACCEPTANCE OF RISK
Some of ENIGMA's itineraries have been designed to provide participants
with an exposure to the true nature of the environment visited. They
therefore involve an element of personal risk and exposure to potential,
which could result in physical or emotional injury, paralysis, death,
or damage to the client, his/her property or to third parties. The
client understands that such risks simply cannot be eliminated without
jeopardizing the essential qualities of the activity and therefore
assumes them as part of the tour. The client accepts that he/she is
aware of his physical and health condition and that, under the knowledge
of this he/she decides to undertake the above-mentioned risks. The
client excludes ENIGMA from any responsibility linked to any accident
or injury that may occur associated to the clients' health, physical
condition or other.
5. AUTHORITY ON TOUR
At all times the decision of the company's guide or representative will
be final on all matters likely to endanger the safety and well being
of the tour group. The client must at all times strictly comply with
the laws, customs, and foreign exchange and drug regulations of Peru.
Should the client fail to comply with the above, or should the client
interfere with the well being of the group then the guide or company
representative may order the client to leave the tour without recourse
to any refund.
6. TRAVEL DOCUMENTS
The client must be in possession of a valid passport and all visas required
for the whole of the journey and the client accepts responsibility
for obtaining the same. Any information or advice given by the company
on visas, vaccinations, climate, clothing, baggage, special equipment,
etc is given in good faith but without responsibility on the part of
the company.
7. FACTORS OUTSIDE THE COMPANY'S CONTROL (FORCE MAJEURE)
The company will do its best to minimize the effects of matters outside
its control, but cannot accept any liability for these matters which
include political disputes, border closures, refusals of visas, industrial
action, delayed flights, unforeseeable climate, landslides, etc. The
client accepts to assume all extra costs derived by any of these factors.
8. RESPONSIBILITY
The company shall not be liable for any damage or loss if the failure
to carry out the contract is:
1) Attributable to the client
2) Attributable to a third party unconnected with the provision of the
services contracted for and the event is unforeseeable or unavoidable
3) Due to unforeseen and unusual circumstances beyond the company's control,
the consequences of which could not have been avoided even if all due
care had to be exercised
4) Due to political disputes, industrial action, climate or other matters
of a similar nature and any other force majeure
5) Due to an event, which the company, even with all due care could not
foresee or forestall. Any liability is limited to the full price paid
for the tour. In all cases the company specifically excludes all liability
for indirect or consequential loss or expense including loss of profits.
9. CLAIMS AND COMPLAINTS
If a client has a complaint against the company the client must first
inform the trek guide or company representative while on the tour in
order that the guide/representative can attempt to rectify the matter.
Any further complaint must be put in writing to the company within
7 days of the end of the tour. I have had sufficient opportunity to
read this entire document. I have read and understood it, and I agree
to be bound by its terms.
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