Terms & Conditions
Once you have chosen your program, please read this terms and conditions as your booking is subject to the terms listed below. A contract is entered into once ENIGMA receives your booking form and deposit, and we accept and confirm the booking. Please note that travel arrangements are not confirmed until stated so in writing by ENIGMA.
Your reservation with ENIGMA may include accommodations, meals, excursions, 10% service charge, specified ground transportation, and other services agreed to in your proposal. Prices do not include the 18% V.A.T., applicable only to Peruvians and foreign residents of Peru. For tax exemption on lodging and hotel meals, foreign tourists must show their ORIGINAL passport at the hotel entrance together with their original Andean Immigration Card, which will be supplied and stamped to you upon your arrival in Peru.
Services Not Included
National and international airport departure taxes or visa fees, airport security charges if levied by any airport to cover the costs of security arrangements, excess baggage charges, park entrance fees where not specified, additional nights or expenses during the trip due to flight cancellations or any circumstances outside ENIGMA’s control, alcoholic beverages, bottled water, drinks, snacks or meals other than specified, gratuities, insurance of any kind, laundry, phone calls, radio calls or messages, reconfirmation of flights and other items of personal nature, special programs, optional excursions or other services not specifically specified in the program, the single supplement payable on all bookings where only one person is traveling and or requires single accommodation / services.
Payment / Deposit
An appropriate deposit per person for the chosen program is requested at the moment of the booking. This deposit is non-refundable in case of cancellation by the client. The balance of the program is due 60 days prior to departure. In the case of programs booked within 60 days of departure, the full amount of the program must be paid at the moment of the booking.
Payment must be made to Enigma Adventure Tour Operator SAC in Cusco / Peru. ENIGMA will assume Peruvian bank taxes and Peruvian bank transfer costs but all country of origin taxes and bank transfer costs will be accountable to the client.
Cancellation by Us
ENIGMA reserves the right to cancel a program in case any of the following circumstances occur:
- Client’s failure to pay the due balance 60 days prior to the departure date. In this case, the client will not have any right for the deposit refund.
- Force majeure: Impossibility to operate the program due to unusual or unforeseen circumstances outside ENIGMA’s control. Ie. Delays in departures on travel arrangements caused by technical problems, weather conditions, over-booking or closure of a hotel, strikes, riots, decisions by State Governments or Tourist Organizations altering the itinerary, the duration of the time spent in a city or even omitting a city or part of the itinerary due to the local situation. In such cases, ENIGMA will propose viable solutions to operate the program or comparable travel arrangements. If any of the circumstances listed above occur during the course of the tour, we reserve the right to alter the scheduled itinerary accordingly and no compensation will be paid. We will make every reasonable effort to provide you with the booked program arrangements but changes may occur. If they are significant we shall, if possible, inform you before the departure date. Again, we will offer comparable alternative arrangements. All additional expenses derived will be at the expense of the client. Please note that ENIGMA will not be liable to reimburse additional expenses undertaken by the client in preparation for the tour, this including international tickets, used mileage awards and fees, cost of visas, immunizations, shots, among others.
Alterations by You
If the client requests any amendments to the initial travel arrangements once a booking is confirmed, no amendment fee will be payable unless the program changes its nature significantly. Upon request of additional services such as train tickets, domestic airfare, etc., ENIGMA will charge an additional $30.00 for each solicited service. If due to the amendment, ENIGMA should have to assume significant communication charges or other expenses, these would be payable by the client. If amendments are requested after the commencement of the tour, ENIGMA will do its best to implement them, but we cannot guarantee that it will be possible. In the event of such an amendment being made, the client will be liable for any cancellation/retention charges that may be levied for the previously booked service and for any costs incurred by ENIGMA in attempting to secure any revised arrangement.
Cancellation by You
In case of cancellation by the client, this should be notified to ENIGMA in writing. Please note that the program deposit is non-refundable. Such notification will only be deemed to have been given on receipt of your letter or e-mail, since we can only act on receipt. Please state the reason for cancellation as you may be covered by your insurance policy.
If notification of cancellation is received more than 60 days before the departure, the client will only lose the deposit. For notifications received within 60 days of departure, cancellation charges are as follows:
- Cancellation Charge
- Your deposit
- 50% of program price
- 75% of program price
- 100% of program price
Cancellations received Fridays for program departures that weekend (Saturday, Sunday or Monday) will be treated as day of departure cancellation. We cannot give any allowance or refund for meals, rooms, excursions, etc. not taken, when these are included in the price of the tour. No refund can be made on lost, mislaid or destroyed travel tickets or vouchers. There will be no refunds made for cancelled or unused services whatsoever.
Prices and Surcharges
The program price is based on U.S. dollars and exchange rates in effect at the moment of your booking confirmation. They are subject to variation as we may occasionally be faced with significant cost increases/decreases due to factors over which we have no control. As such we reserve the right to impose surcharges (or price decreases) up to 60 days 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 at least 60 days before departure. Any surcharge will not exceed 10% of the specified program price. If you settle the final balance by the due date, ENIGMA will absorb any price increases after that due date. In return for this commitment, ENIGMA will be unable to make any refund or reduce any other costs should the value of the US dollar improve against our local currency. The program price per person in US$ is based on the number of participants agreed at the moment of the booking confirmation and is therefore only valid for this number of guests. Should the number of guests decrease, the total program price per person would increase and, equally, an increase in the number of guests may lead to a decrease in the program price per person.
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.
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.
It is the responsibility of the individual traveler to secure the proper documentation prior to joining the program. The client must be in possession of a valid passport with at least six-month validity from the date of entry and all visas required for the whole of the journey. 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.
The company shall not be liable for any damage or loss if the failure to carry out the contract is:
- Attributable to the client
- Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable
- 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. 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, strikes, war, civil disturbances, natural disasters, government actions, mechanical failures or any acts of God, among others. The client accepts to assume all extra costs derived by any of these factors.
ENIGMA directly operates part of the services included in a program but also makes arrangements with airlines, hotels and other independent parties to provide you with the travel services you purchase. We do take all reasonable steps to ensure that organizations providing services maintain our quality standards. However, these parties are independent suppliers over whom we have no direct full control.
ENIGMA can therefore not accept liability for negligence of the staff of these organizations. The participant waives any claim against ENIGMA for any damage to or loss of property, injury or death due to any act or negligence of any airlines, surface transportation company, hotels or any person rendering any of the services or accommodations included.
ENIGMA cannot be held responsible for any claim, losses, damages or delay of baggage or other properties, inconvenience, loss of enjoyment, upset and disappointment, distress or frustrations, whether physical or mental, resulting from the act or omission of any party providing the services. In the event of any service being withdrawn by any of our suppliers, ENIGMA shall have no responsibility beyond refunding all monies paid by the participant for that service.
When you travel with an airline, the conditions of carriage of that airline will apply. These conditions are the subject of international agreements and may limit or exclude liability. ENIGMA is not liable for any expenses or consequences resulting from flight delays, cancellations or missed connections, and such expenses shall be borne by the client.
Claims and Complaints
If a client has a complaint against the company the client must first inform the tour conductor, 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.
Venue for all claims or disputes shall be exclusively in Cusco, Peru, whose courts, using Peruvian Law, shall have exclusive jurisdiction. Damage claims against ENIGMA shall be limited to the value of the particular item in dispute. Any liability is limited to the full price paid for the tour. In all cases the company specifically excludes all liability for indirect, incidental or consequential loss or expense including loss of profits.
ENIGMA assumes responsibility for representations it makes, but not for those made by others and including, but not limited to, any employee of ENIGMA or any independent travel agent.
Payment for reservations on any ENIGMA program or tour shall constitute consent to all the provisions in the Booking Terms & Conditions set out herein and is binding on all tour and travel participants.