General
Booking Terms
& Conditions
*** Please note that specific terms & conditions may apply for trekking programs and other special-interest trips. Kindly check with your assigned travel designer upon booking. Thank you. ***
BOOKING PROCEDURES
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.
SERVICES INCLUDED
Your reservation with ENIGMA may include accommodations, meals, excursions, 10% service charge, specified ground transportation, and other services and taxes 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 travelers must show their ORIGINAL passport at the hotel reception.
SERVICES NOT INCLUDED
National and international airport departure taxes or visa fees if applicable, 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, including force majeure, alcoholic beverages, bottled water, drinks, snacks or meals other than specified, gratuities, insurance of any kind, laundry, phone calls, courier and or mail services, 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. Any service not specified as ‘Included’ in the final itinerary.
PAYMENT / DEPOSIT
An appropriate deposit per person for the chosen program is requested at the moment of the booking. This deposit includes a non-refundable amount applicable in case of cancellation by the client.
Confirmation +60 days before departure:
- Upon confirmation Non-refundable deposit (*)
- 60 days prior to departure Remaining balance
Confirmation within 60 days before departure:
- Upon confirmation 100% program price
(*) The ‘non-refundable deposit’ covers:
Expenses needed to secure bookings: this may include airline, train, cruise tickets, hotels and other special services. Please note that these items may have different cancellation terms than those established by Enigma as well as black-out dates with specific policies.
The expenses corresponding to our travel design and planning from the initial moment an inquiry is received and before the trip takes place, including all the communication, assessment, amendments, reservations with experts, guides, third party suppliers, among others.
Payment must be made following the indications specified in the corresponding invoice. 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.
Please note that the payment deadlines specified in our invoices and in the communication with our Travel Designers indicate the effective date in which the money has to be in Enigma´s bank account – not the date in which our client sends the funds. Any delay of payment may be subject to a 5% surcharge (over total program price) in order to cover re-booking fees and additional work caused by the delay. This surcharge will be applicable per re-booking. Any delay in the reception of payments may result in third-party supplier increased fees, ie. air fares.
CANCELLATION / ALTERATION BY US
ENIGMA reserves the right to cancel a program in case any of the following circumstances occur:
1. Client’s failure to pay the balance in the due date. In this case, cancellation fees apply (please check “Cancellation by you” section of this document further below).
2. Enigma also reserves the right to cancel, change, or modify any program, service or experience without prior notice should Enigma:
2.1. Conclude after investigating the prevailing situation that the safety and/or comfort of clients is put at stake/jeopardized.
2.2. Identify a problem with a supplier implying the impossibility of operating the program and/or providing a service as initially proposed.
ENIGMA will make every effort to reschedule or modify travel arrangements to not alter the nature of the trip. However, any changes may require a supplemental payment from you or result in a refund less any cancellation fees and non-refundable deposits.
3. Force majeure: Impossibility to operate the program due to unusual or unforeseen circumstances outside ENIGMA’s control. These may include but are not limited to delays in departures, flights and/or travel arrangements caused by technical problems, weather conditions, over-booking or closures, strikes, riots, personal, family or medical emergencies, 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 or all of the itinerary due to the local situation. It also includes acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, earthquakes, war or threat of war declared or undeclared, sabotage, civil disturbance, requisition, sickness, quarantine, epidemic, government intervention and any sort of unforeseen circumstances beyond the reasonable control of ENIGMA.
Should Enigma and/or any of its suppliers be affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary, delay or cancel any service or arrangement in relation to the initially booked program. Should this happen, Enigma will neither be deemed in breach of this agreement nor otherwise liable to you.
If any of the circumstances listed above occur during the course of the trip, we reserve the right to alter the scheduled itinerary accordingly and no compensation will be paid.
In case of force majeure prior to the trip departure date, ENIGMA will propose viable solutions to operate the program, new dates and/or comparable travel arrangements. We will make every reasonable effort to provide you with the booked program arrangements but changes and price increases may apply. If they are significant we shall, if possible, inform you before the departure date. 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. In the event of cancellation of services, experiences, a portion of the trip or the full program, Enigma will make every possible effort to reimburse all recoverable expenses. Should Enigma not be able to recover expenses, regular Terms & Conditions for Cancellations by the Client would apply. In case of expenses being recovered, these will be reimbursable in either cash or credit notes specifying a validity date – this will depend on third party terms & conditions applicable: Enigma will not be liable to refund in cash any service operated by a third-party who is extending a credit note or voucher for future services. In case of refunds, any airline ticket cancellation fees, non-refundable deposits paid to local suppliers and other expenses incurred, including Enigma’s, may apply and be discounted. This refund will constitute full settlement of claims you may have arising out of our cancellation. Enigma will not be liable by any means or reimburse any personal expenses such as airfare, hotel, or other travel arrangements done independently by the client.
ALTERATIONS BY YOU
If the client requests any amendments to the initial travel arrangements after receipt of deposit payment, Enigma will assess an amendment fee of US$100 per person and additional airline, hotel and/or supplier fees may also be charged. Upon request of additional services such as train tickets, domestic airfare, etc., ENIGMA will charge a minimum 10% amendment fee for each solicited service. Any change made will result in the reservation being re-priced at the rate in effect at the time of the change. A change in one of the group members travelling may result in cancellation fees depending on the supplier and/or government conditions and policies.
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. Such notification will only be deemed to have been given on receipt of your e-mail, since we can only act on receipt. Cancellations received Fridays for program departures that weekend (Saturday, Sunday or Monday) will be treated as day of departure cancellation. Please state the reason for cancellation as you may be covered by your insurance policy.
During the Trip
Enigma will not grant partial refunds for any unused trip arrangements after the trip has commenced or any refunds to trip members who do not complete any portion of the itinerary. 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. Additionally, cancellation charges for air and train tickets, cruises and others may vary. For this reason, we strongly encourage you to purchase trip cancellation and interruption insurance.
Prior to the Departure Date
Enigma will assess a cancellation charge to cover loss of nonrefundable advance payments we have made on your behalf; communication expenses; and a management fee for the time invested in designing and preparing your trip.
Applicable cancellation charges (please see the table below: ‘Cancellation Charges’) are calculated with reference to the date on which we receive your authority in writing and we acknowledge receipt of the same. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your trip in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges (please see the ‘Travel Insurance’ section of this document).
Cancellation Charges – GENERAL
| Number of days left before your due date of departure when your authority in writing is received by us | Cancellation Fee (expressed as a % of total program price per person) |
|---|---|
| More than 60 days | Non-refundable deposit (*) |
| 60-46 days | 50% |
| 45-31 days | 75% |
| 30 days or less prior to arrival | 100% |
(*) The ‘non-refundable deposit’ covers:
- Expenses needed to secure bookings: this may include airline, train, cruise tickets, hotels and other special services. Please note that these items may have different cancellation terms than those established by Enigma as well as black-out dates with specific policies.
- The expenses corresponding to our travel design and planning from the initial moment an inquiry is received and before the trip takes place, including all the communication, assessment, amendments, reservations with experts, guides, third party suppliers, among others.
Important Note
The program price 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 for any cancellation reasons, the total program price per person would increase and would be applicable to the other participants. Equally, an increase in the number of guests may lead to a decrease in the program price per person.
PRICES & SURCHARGES
All rates are quoted in U.S. Dollars and exchange rates in effect at the moment of your booking confirmation, unless otherwise noted. We endeavor to keep program prices as quoted. However, since our trips are often planned weeks and months in advance, they may be subject to variation as 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 amend program prices due to extraordinary circumstances beyond our control, including but not limited to increases in entrance fees, train or air fares, boat tickets or other transport costs, National Park fees, hotel rates, taxes, if government action should require us to do so or others. Enigma will attempt to fully explain and justify any surcharge before implementation. Exceptionally, Enigma also reserves the right to make adjustments if a particular rate or inclusion was incorrectly stated.
All proposals and price quotations sent will be valid for a period of 15 days since its date of issue, unless otherwise stated. Should the proposed program be confirmed and booked after the 15 days price validity period, increased rates may apply, including but not limited to changes in flight prices, differences in exchange rates, variations in suppliers rates among others.
The program price 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 would be applicable to the other participants. Equally, an increase in the number of guests may lead to a decrease in the program price per person.
Enigma can guarantee air rates only for reservations paid in full; it is therefore recommended that full payment for air fares be made at time of booking air tickets. Airline tickets must be issued to guarantee against rate increases, fuel surcharges and to avoid cancellation of airline reservations. Government and third-party-imposed taxes and fees are subject to increase at any time and are not covered by Enigma.
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.
During the course of a trip, a number of lodges, ground operators and other third parties may offer guests an opportunity to participate in different excursions, such as horseback riding, paragliding or others, either for a fee or on a complimentary basis. Enigma does not own, operate, manage or supervise any of the facilities, staff or activities involved. All such activities are done solely at the risk of the participating client.
TRAVEL INSURANCE
It is important that our guests be prepared for all eventualities. We encourage all guests to purchase a comprehensive travel insurance, making sure that all of the activities which are included in the trip are covered by it. We strongly recommend that the insurance also includes adequate cancellation coverage to the value of your trip, including ‘cancel for any reason’ (CFAR) to ensure all funds can be recovered, as well as medical expenses, including COVID-19, emergency evacuation and repatriation costs in respect of all of your activities.
Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking.
Enigma will be happy to assist with issuing the necessary documents and evidence for our guests to request the applicable refunds towards their insurance companies.
Enigma can also assist you and recommend a comprehensive medical insurance coverage for our programs, including trip cancellation and CFAR – please contact us for further information.
PERSONAL INFORMATION
Various sites and services in Peru require that bookings be made with your complete and accurate personal information, including full name, nationality, passport number and date of birth, among others. Failure to provide the information in time may result in our inability to purchase permits/services if they are sold out. In case the information submitted is not correct, we may purchase permits/services with the risk that they be refused at the entry point if they do not match your original documents. In neither of the above mentioned cases will Enigma be liable.
PERSONAL DATA PROTECTION
The protection of your personal information or data is extremely important to us. In order to respond to an enquiry, process and fulfil your booking, place the corresponding reservations and implement your trip operation, we need to collect personal data from you and the guests coming. We will only process your personal data for the strict purpose of designing, preparing and operating your trip, and as permitted by data protection laws. Please read our Privacy Policy for full details. Enigma takes appropriate technical and organizational measures to protect against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, which is appropriate to the harm that might result. Your personal data will be retained by us for the period needed for the purpose of your trip.
MEDICAL FORMS AND PRIVACY
The Guest Information Forms that Enigma requires are extremely important. Your trip may entail traveling into areas where medical facilities are non-existent and evacuation may be delayed for several days. Many travelers with various medical conditions are able to travel without incident. However, in the unusual case of a serious, on-trip health issue, we must have access to a reliable and current medical profile; it is vital that you supply complete and candid information. Enigma may require your physician to sign a Medical Verification, affirming that he or she believes you are in sufficiently good health to undertake your trip. Enigma reserves the right to disqualify anyone at any time before or during a trip for medical or psychological reasons. Each guest is ultimately responsible for his or her own medical expenses. We cannot refund costs of medical examinations or other expenses incurred while preparing for a trip. If a guest arrives at the start of a trip with a pre-existing condition or injury that was not disclosed in writing to us and the guest is subsequently forced to leave the trip because of this condition, he/she will be accountable for all extra evacuation expenses. Information supplied to us on our Personal Information Forms will be held in strict confidentiality and will not be shared or disclosed except as described herein.
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 group. The client must at all times strictly comply with the laws, customs, required protocols, 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.
TRAVEL DOCUMENTS & INFORMATION
It is the responsibility of the individual traveler to secure the proper documentation and information 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 Enigma on visas, vaccinations, insurances, climate, clothing, baggage, special equipment, among others, is given in good faith but without responsibility on the part of the company.
ENIGMA RESPONSIBILITY
Enigma, including its employees, shareholders, officers, directors and affiliates, does not own all of the entities which are to or do provide goods or services for your trip. 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, including, for example, lodging facilities, transportation companies, food service providers, equipment suppliers and eventually, specialized operators. 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.
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 been 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, illnesses, epidemics, government actions, mechanical failures or any acts of God, among others. This also includes unforeseen events in any point along the itinerary which may cause a delay or a modification of the initial programmed schedule, as last minute activities in certain locations may occur without prior notice or may have been planned after the program was designed. The client accepts to assume all extra costs derived by any of these factors.
ENIGMA will not be liable for any damage to or loss of property, injury or death, 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, including any act or negligence of airlines, surface transportation company, hotels or any third-party or person rendering any of the services or accommodations included; overbooking or downgrading of accommodations; insolvency; financial failure or other defaults of suppliers; bites or attacks by animals, insects or pests; sickness; the lack of appropriate medical care; evacuation to same, if necessary; weather; strikes; acts of God or government; acts of terrorism or the threat thereof; force majeure; war; quarantine; epidemics or the threat thereof; criminal activity; or any other cause beyond its control.
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.
The client accepts that while traveling to Peru, disruptions and situations may well occur, including, but not limited to, delay, partial or complete changes in timing or routing of itinerary, changes in announced trip leaders, changes in grades of or location of lodging or camping accommodations, and modes or quality of air, land, and/or sea transport. The client agrees that Enigma may make last-minute decisions to address changed circumstances.
When you travel with an airline, the conditions of carriage of that airline will apply. These conditions are 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.
GUEST RESPONSIBILITY
All guests assume the responsibility to select/design a trip appropriate to their physical abilities and interests. They are responsible for being in sufficiently good health to undertake the booked trip and for consulting with their personal physician for medical advice. Client and guest are responsible for reading and signing all pre-departure information, including all health-related information, safety protocols, terms & conditions, affidavits, and others that may be required; for bringing all documents, equipment and clothing necessary and adequate for the journey; for conforming to the standards of personal hygiene and for acting in a manner considerate of local laws and idiosyncrasy. Smoking is not permitted in buses or cars, below decks on boats, in camps, or in other designated non- smoking areas.
The guest understands that he/she is undertaking travel to remote geographical areas located in lesser-developed countries where, among other things, a sense of urgency, attention to detail, standards of quality, hygiene, political stability, cuisine, sanitation facilities, cleanliness, infrastructural development, telecommunications facilities, methods of conducting business, medical facilities and evacuation to medical facilities as necessary, etc., may be unavailable and/or unsatisfactory and/or not equivalent to those found in industrialized nations.
CLAIMS & COMPLAINTS
If a client is unhappy with the services provided by us during the course of a trip, the client must notify Enigma immediately in order for us to rectify the matter. Any further complaint must be put in writing to the company within 7 days of the end of the tour.
Please note that complaints will not be considered after the trip has ended unless Enigma has been notified during the course of the trip.
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.
