General Booking Conditions - Tours

Apus Peru Adventure Travel Specialists
terms & conditions– Tours

Please read carefully these terms and conditions. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute an agreement between Apus Peru Adventure Travel Specialists SAC (Apus Peru) and you (referred to as the Client). These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No variation of these conditions will be effective unless in writing and signed by a person authorized by Apus Peru.
1. HOW TO BOOK
To reserve your place on one of the tours, you should complete read the “How to make a booking” and then complete the booking form be provided to you by an authorised Apus Peru representative.  Your form should be accompanied by your non-refundable deposit, the amount which will be specified on your booking form.
2. PAYMENT
The prices quoted on our website/or in our email correspondence are for payment by cash, bank transfer or credit charge (the latter methods subject surcharge). The balance of the tour price is payable to Apus Peru 30 days prior to departure, except for some certain 4 & 5 star hotels where those hotels require payment in full 50 days prior. Prices are quoted in US dollars (unless otherwise specified)
3. AMENDMENTS/TRANSFERS
If you wish to make changes to your tour arrangements, you must notify Apus Peru in writing. Each amendment to your tour arrangements will incur a $25 administration fee PLUS any costs incurred by your change. (ie airline penalties for change of flight etc) All administration fees must be paid before departure.
4. CANCELLATIONS
If you wish to cancel your tour, you must notify Apus Peru in writing. Once Apus Peru receives your notice, cancellation will take effect subject to the following:

• if cancellation takes place more than 30 days prior to your departure date, your full deposit will be forfeited:
• if cancellation takes place between 29 and 8 days prior to your departure date, 50% of the overall tour price will be forfeited:
• if cancellation takes place less than 8 days prior to your departure date, 100% of the tour price will be forfeited:

5. HEALTH AND FITNESS REQUIREMENTS
Participants must be in good health, mental and physical condition and are strongly advised to follow our pre-departure fitness training recommendations, where offered and/or necessary. Your acceptance of these booking conditions and payment of a deposit indicate you believe you are of sufficient physical & psychological condition to participate in this tour and have satisfied yourself of this through consultation with an appropriate medical professional.  If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Tours take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Where necessary, evacuation can be prolonged, difficult and expensive. Medical and evacuation expenses will be the responsibility of the Client, for this reason it is recommended that you are strongly encouraged to take out appropriate travel insurance.  Apus Peru reserves the right in its absolute discretion to refuse a Client the right to participate in a tour on medical or fitness grounds.
6. AGE REQUIREMENTS – apply to TREKS reservations only
We do not accept TREKKING reservations for children under the age of 8 years old and adults over 68 years old. (for Treks) All children under 18 years old must also be accompanied by an adult.  We recommend that if you are over 60 years old you should talk to your doctor well in advance about how best to plan for the trek and also to ensure that your travel insurance covers such adventure activities. We also insist that clients over 60 years old arrive in Cusco at least 3 days prior to starting the trek (rather than the usual 2 days). For trekkers over 63 years old we also ask you to bring a letter from your doctor confirming that you are fit to participate in the trek. Unfortunately if you fail to bring a letter from your doctor we reserve the right to cancel your trek and your trek deposit cannot be returned.
7. MEDICAL DISCLOSURE
People with heart conditions, knee problems, severe asthma or are more than 18 weeks pregnant should not participate in TREKS. People with mild asthma / diabetes / pregnant less than 18 weeks will have to bring a medical letter from their doctor stating that they are fit to undertake the trek.  They will also be required to be accompanied by a trekking companion on the trek at all times who will trek at their sides and be familiar with any medicines required in case of an emergency.
Your payment of a deposit is declaration that:

• you are in good health and mental and physical fitness at the time of booking this tour;
• you have disclosed to Apus Peru every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Apus Peru’s decision to permit you to go on the tour;
• upon any adverse change in your health or fitness that may be likely to affect Apus Peru’s decision to accept the risk of permitting you to go on the tour, you will IMMEDIATELY notify Apus Peru in writing of any such adverse change.

You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour. If you fail to comply with the duty of disclosure in this condition and if Apus Peru would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, Apus Peru will not be liable, for personal injury, death or property damage or loss incurred by you.
8. ROUTE CHANGES, POSTPONEMENT, CANCELLATION OR DELAY
While Apus Peru will use its best endeavours to operate all tours as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions.

Apus Peru reserves the right to:

• change the date of departure or conclusion of the tour, or
• modify any aspect of the tour, or
• cancel or modify any routes within the tour or objectives set out in the itinerary, or substitute different or equivalent routes within the tour in place of cancelled or modified routes, or
• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of Apus Peru, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Apus Peru, there is a likelihood of any such event occurring which may impact upon the safety of the Clients, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. Apus Peru also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. Travel insurance may compensate you depending on the circumstances

9. INSURANCE
Personal travel insurance is not included in the tour price. It is a condition of booking a tour with Apus Peru that you have your own travel insurance. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation or curtailment of the holiday for insurable reasons.

10. AIRLINE
Any material published by Apus Peru, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. Apus Peru will use its best endeavours to ensure that all flight prices and pre-paid taxes are correct at the time that they are quoted. Airlines reserve the right to amend or withdraw fares without prior notice. When the Client makes a deposit for your tour you are committing to the dates of travel. Flight bookings cannot be transferred and are usually non-refundable, non changeable tickets.
11. TOUR PRICES
Tour prices are based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of quotation. Apus Peru tries its utmost not to increase tour prices (in full or part), however sometimes increases are outside its control. Apus Peru reserves the right to amend tour prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date. Please note the following, specific circumstances:
a) In the event of local flight cancellations, overbooking or rescheduling of departure days and times, Apus Peru reserves the right to pass on any extra charges to the client. In such cases, the client will have the choice to wait for the next available scheduled flight and miss some tour services included or pay any additional costs associated with upgrades as a substitute by way of local surcharges.
b) Increases in Inca Trail, Machu Picchu, Lares Trek, similar entrance charges and associated operating costs which will be passed to the client by way of local surcharges as the increases occur.

12. EXCLUSIONS FROM TOUR PRICE
The following items are excluded from the tour price:

• Travel to and from the departure point for the trip.
• personal travel insurance;
• visa, passport and vaccination charges;
• departure, airport and airline taxes
• extra meals, transport costs, accommodation costs, or otherexpenses not included in the itinerary;
• laundry, postage, personal clothing, medical expenses & items of a personal nature;
• emergency evacuation and/or emergency search charges; and
• tips, onboard beverages and excess baggage charges.

Refer to our itinerary for full details.
Note that information about these matters or related items is given in good faith but without responsibility on the part of Apus Peru
13. FORCE MAJEURE
If Apus Peru is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause Apus Peru’s reasonable control, Apus Peru will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in our condition “Route changes, postponement, cancellation or delay”.
14. ASSUMPTION OF RISK
You acknowledge that:

• by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays;
• and in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
• the operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Apus Peru;
• the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and
• you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by your government, and/or the governments of Australia, New Zealand & Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice, for the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

15. LOCAL LAWS
All participants in tours operated by Apus Peru are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Apus Peru of all obligations that they may otherwise have under these booking conditions.
16. IF YOU HAVE A COMPLAINT
If the Client has a complaint about any of the tour arrangements the Client must bring it to the attention of the tour leader or other representative of Apus Peru at the time so that they may use their best endeavours to rectify the situation. It is only if Apus Peru is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the Client’s ability to claim compensation from Apus Peru being extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to Apus Peru within 10 days of the completion of the tour or all claims for compensation will be forfeit.
17. DISCLAIMER
You accept that:

• Apus Peru acts as a booking agent for third-party tour operators and accepts no liability for the acts or omissions of those third-party tour operators; and
• Apus Peru will not be liable for any breach of any law by any person with whom you travel on the tour; and
• you may not rely on any representations concerning the tour made by Apus Peru which are not contained in these conditions

18. RELEASE AND WAIVER OF LIABILITY
In consideration of Apus Peru accepting your booking application and in consideration of you being permitted by Apus Peru to join the tour:

• you release Apus Peru and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the tour is conducted (each of whom are collectively referred to as “Apus Peru and its employees”) from all cost, liability, loss or damage incurred or suffered by you directly or indirectly during the course of the tour and resulting from your personal injury, illness or death or damage to or loss of your property unless caused by the wilful negligence or wrongful act of Apus Peru and its employees; and
• you waive any claims you have, or may at any time have, against Apus Peru and its employees and you agree, by accepting the additional inherent dangers and risks associated with the tour, not to make any claim against or seek any compensation from Apus Peru and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the tour.

19. PHOTO APPEARANCE RELEASE: You hereby consent and grant permission for Apus Peru and/or those who have the written consent of the Apus Peru, to use photos or videos of yourself for the purposes of promoting future Apus Peru programs. We expressly release the Apus Peru, its agents, employees, licensees, and assigns from any and all claims which We have or may have for invasion of privacy, defamation, and any other cause of action arising out of the use of these photographs and video images.