We are 'Andean Explorer Tours Pty LTD' ACN 683 171 468, trading as Andean Explorer Tours, a company registered in NSW Australia, ABN 52683171468 and 'Discover the Andes EIRL', trading as Andean Explorer Tours, a company registered in Peru, RUC 10101210273.

Our addresses are Caldwell Street Merewether NSW 2291 NSW Australia and C.H Hilario Mendivil IIA-402, Wanchaq, Cusco  Peru.

These terms and conditions are your contract with us for provision of any Holiday Services you book with us.

In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms:

1. Definitions

"Holiday" means Packaged Tours, Day Trips, Multiday Trips, Charity Challenges Trips constituted in the services we offer.

"Holiday Services" means our service in providing a Holiday.

2. The Contract Between Us

2.1. Andean Explorer Tours Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Holiday we describe on our website www.andeanexplorertours.com and on our Holiday brochures

2.3. If we are unable to accept your booking, we will of course return your payment to you immediately.

2.4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Peruvian Competition and Consumer Law N’29571

2.5. For you to make a booking, we require your deposit, copy of your passport and a completed booking form (one per person), as provided in our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason, and we do not have to give you the reason. If that happens, we will return your money to you immediately.

2.6. Accepted payment methods for deposits and final payment include Paypal, Debit and Credit cards as stated in our booking system. Paypal, Debit and Credit cards will incur a merchant service fee. All associated bank commissions or service fees will be the client’s responsibility.

3. Your Authority to Book for Others

3.1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

3.2. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

3.3. As lead member of your party, we will deal only with you in our correspondence.

4. What is Included in the Price of an Andean Explorer Tours Holiday?

4.1. Travel from the meeting point to your return to the departure point (which is likely to be the same place);

4.2. Accommodation and meals (unless otherwise stated in the itinerary);

4.3. Domestic Flights Lima-Cusco return (for Packaged Tours only)

4.4. Airport transfers (Packaged Tours only)

4.5. All ground transportation – To and from tours and activities

4.6. Entry permits to main destinations (as described in the itinerary)

4.7. Services of one or more Bilingual Peru Explorer Representative or local guides

4.8. Guided visits to main attractions (described in the itinerary)

4.9. Camping equipment (if applicable)

4.10. Pack animals and porters (if applicable)

5. What is NOT included?

5.1. Return international flights to the holiday destinations;

5.2. All other costs incurred before you board transport at the meeting point and after you return to the departure point;

5.3. Travel insurance or any other insurance personal to you;

5.4. Passport and visa costs;

5.5. Vaccinations and medication, before, during and after the Holiday;

5.6. Food and drink over and above what we include in the Holiday;

5.7. Sleeping bags and trekking poles (if required)

5.8. Add on activities or excursions not listed in the itinerary

5.9. Gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.

6. Holiday Prices

6.1. When you make your booking, we shall ask you for a deposit of $500USD of the total cost for Packaged Tours/Charity Challenges and 50% of the total cost for Day Trips/Multiday Trips. Deposits are used to secure National Park permits, train tickets and flight reservations. Deposits are non-refundable under any circumstance (including medical reasons), except as mentioned below, but in some cases may be transferable to another Andean Explorer Tours Holiday. The balance of the price must be paid at least 60 days before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.

6.2. Any booking made less than sixty days prior to the departure date must be accompanied by full payment at the time of making the booking.

6.3. Our holiday prices as stated in our website are quoted in USD (American Dollars). Likewise, our booking system will be capable of taking payments using different currencies such AUD (Australian Dollars), EUR (Euros), GBP (British Pound) and CAD (Canadian Dollars)

6.4. Our holiday prices are subject to variable and seasonal pricing. Our Holiday prices may change due to different market conditions (supply, demand, availability and exchange rates). Holiday prices are based on currency exchange rates as of September 2024. Due to the inherent variability of exchange rates, passengers may be charged different prices on the same trip.

6.5. We reserve the right to apply a surcharge to our holidays prices up to 60 days prior to our departure due to unfavourable events such as increase in airfares or transportation costs, changes in exchange rates, taxes, or government actions that may significantly impact our operations. In such circumstances, you may cancel your booking within 14 days of the surcharge notification and get a full refund. Note that refunds may also incur merchant service fees.

7. Special Requests

Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we can confirm a special request, we will do so by confirmation in writing to you as soon as possible.

8. Minimum Participants Required for The Holiday

8.1. As stated on our website, a minimum number of participants may be required for the Holiday to go ahead. Therefore, we have a right to cancel any Holiday for which there are insufficient reservations.

8.2. In the event of any such cancellation, all deposits or other payments made specifically to Andean Explorer Tours will be refunded in full.

8.3. We reserve the right to cancel any Holiday, for which there are not enough bookings, not less than 60 days prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative Andean Explorer Tours Holiday.

8.4. You agree that all these provisions are reasonable.

9. Changing Your Booking

Booking amendments are only permitted when operationally possible. Changes to bookings are not permitted 60 days prior to departure. We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $ 200 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements (like National Park permits) cannot be changed once a reservation has been made.

10. Transferring your Booking

Booking transfers are only permitted when operationally possible (Entry permits to tourist attractions or National Parks in Peru are not transferrable and non-refundable under any circumstance). If you would like to transfer your booking from one person to another, the following terms apply:

10.1. The transferee must satisfy any special conditions or qualifications applicable to the Holiday.

10.2. You must inform us about your intention to transfer your booking to the transferee at least 60 days before the departure date in writing or through email.

10.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.

10.4. Our administration charge for a transfer made more than 60 days before departure is $ 200. No transfers are permitted after 56 days of departure

10.5. Please note that some airlines may treat your transfer as a cancellation and re-booking, effectively making your requirement impossible. If this happens, we will try to find an alternative flight but this may cost more than the original flight.

10.6. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Holiday Service which you do not use.

11. Cancellation by You

11.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:

For Packaged/Charity Challenge Tours:

• more than [60] days before departure: Deposit

• between [59 and 30] days before departure: 80% of booking cost

• [29] days or fewer before departure: No refund

For Day/Multiday Trips `

• more than [60] days before departure: Deposit

• between [59 and 15] days before departure: 80% of booking cost

• [14 or fewer] days before departure: No refund

11.2. If you or a member of your party cancels your booking due to an uncontrollable event affecting the Holiday then we shall not charge any cancellation fee as set out in last previous paragraph. Other terms set out in this paragraph shall apply as is.

11.3. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Andean Explorer Tours Holiday you choose. But whether we do so is in our discretion, for which we do not have to give a reason.

11.4. In any of the above circumstances, we will return any money due to you within [14] days.

Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.

12. If We Cancel Your Holiday or Make Changes

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens the following terms apply:

12.1. We will always inform you as soon as possible about any change. If that happens you may:

12.1.1 accept the change; or

12.1.2 accept our offer of alternative travel arrangements of a comparable standard; or

12.1.3 cancel your booking, whereupon we will give you a full refund of all money paid.

12.2. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different carriers.

12.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.

13. Cancellations (by you or us) Due to Force Majeure

13.1 You or Us may cancel the holiday as a result of a Force Majeure event occurring at your holiday destination or its vicinity which may affect the viability of the Holiday operation. In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

13..2 If the cancellation due to a Force Majeure Event occurs before or after the departure of the Holiday, Andean Explorer Tours will offer a refund minus all unrecoverable costs incurred.

A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.

14. If You Have a Complaint

Your point of contact during the Holiday will be:

In Australia - Kenny Perez, info@andeanexplorertours.com

In Peru – Mauricio Alarico, info@andeanexplorertours.com

If you have a problem during your Holiday it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.

If you feel our representative has not resolved to your problem, please write to us within [14] days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.

15. Medical Disclosure

15.1 You acknowledge that you are responsible for assessing whether a Holiday is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Andean Explorer Tours does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Holiday based on your own unique circumstances, limitations, fitness level and medical requirements.

15.2 You acknowledge that you are required to disclose any medical information concerning your health and mental and physical fitness of which you are aware, or ought to reasonably be expected to know, that is relevant to Andean Explorer Tours.

15.3 Andean Explorer Tours reserves the right to seek further information from a medical practitioner as necessary to establish your suitability for the Holiday. In consideration of your safety and the safety of others, Peru Explorer Tours may deny you permission to participate in our Holiday Activities.

16. Itinerary Changes and Flexibility

16.1 Our Holiday Services will be conducted as outlined in the itinerary. This includes plenty of time to explore at your own pace. All activities are optional and flexible arrangements can be discussed with your Andean Explorer Tours representative.

16.2 You acknowledge, Peru Explorer Tours reserves the right to change, postpone, cancel or delay the Holiday activities set out in the itinerary due to local circumstances or Force Majeure events beyond our control. In the event of any change, cancellation or delay to the itinerary, no partial or total refunds of the Holiday price will be granted and all additional costs and incidental expenses (including but not limited to visas, vaccinations, not changeable flights) because of any itinerary alterations will be covered by you.

17. Assumptions of Risks

17.1 You acknowledge that adventure travel in remote areas in South America are more demanding than conventional holidays and involve a higher level of risk which also increases the risk of potential exposure to injury or possibly death

17.2 You acknowledge that our Holiday Services operate in countries or regions where basic conditions are substantially different from your country of residence. This also applies to the standard of accommodation, food safety, hygiene, transport and service provision.

17.3 You acknowledge that additional risk associated with Holiday Services in South America may also include: trekking or walking through dangerous uneven terrain, high altitude exposure, extreme weather conditions, remoteness of medical or communication services and evacuation difficulties in case of injury.

17.4 We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

18. Travel Insurance

18.1 Travel insurance is not included in our Holiday Services. All travellers are required to obtain a comprehensive Travel Insurance coverage for the duration of their Holiday. It is the responsibility of the traveller to ensure that the insurance policy provides cover against personal accidents, death, medical expenses, medical evacuation and repatriation with a recommended minimum of $USD200,000 for each category mentioned above. The insurance cover must also include cancellation coverage, personal liability, flights cancelled, loss of luggage and additional expenses.

18.2 All travellers must provide a copy of the Insurance Certificate of Currency obtained for the holiday no later than 30 days prior to the beginning of the Holiday. This must include the travel insurance policy number and the insurance company's 24-hour emergency contact number. Andean Explorer Tours reserves the right to cancel your booking if evidence of Insurance coverage has not been provided as stated above. All insurance details must be forwarded to: info@andeanexplorertours.com

19. Limitations on our Liability

19.1. We want you to enjoy a perfect holiday with Andean Explorer Tours. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.

19.2. If we fail to provide the Holiday set out on our website or in our brochure and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:

19.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;

19.2.2 medical emergencies;

19.2.3 laws, culture and standards of service and behaviour in any country we may visit;

19.2.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

19.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

19.2.6 any other unusual and unforeseeable circumstances beyond our control;

19.2.7 a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

19.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.

19.4. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly, we are not liable to you for any happening in connection with that service or goods.

19.5. It is a condition of this contract that you take out a policy of comprehensive travel insurance for every trip overseas. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.

20. Passport, Visa, and Immigration Requirements

It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that holiday, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

21. Help We Need From You

Your information pack will provide details about your chosen Holiday, but the following are contractual matters:

21.1. Most Andean Explorer Tours Holidays require reasonable physical fitness and appropriate footwear. Our Holiday Services are not suitable for travellers with impaired mobility. You should be prepared to move about unassisted, including handling your luggage, getting on and of vehicles and lining up at check points. Some guided visits require walking up and down uneven cobblestone pathways and stairs.

21.2. Some of our Holiday Services involve camping in remote areas under basic conditions. You are expected to be comfortable camping for consecutive days under these conditions.

21.3. To satisfy the majority of our clients, we apply "no smoking" rules in the same way that they may be applied in your country of residence. Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.

21.4. If you need urgent medical assistance and need to be evacuated, all transport cost and services costs are your responsibility. No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Andean Explorer Tours.

21.5. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Holiday. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

22. Terms and Conditions of Third-Party Providers

Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term. Andean Explorer Tours is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Andean Explorer Tours and its employees.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

23. Miscellaneous Matters

23.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

23.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

23.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

23.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

23.5. Each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other and/or any agent or third party nominated by that other] [and bound by a duty of confidentiality

23.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

23.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

23.8. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

23.9. The validity, construction and performance of this agreement shall be governed by the laws of Peru and the parties agree that any dispute arising from it shall be litigated only in that jurisdiction.

Terms and Conditions