Terms and Conditions

Terms and Conditions

1 Scope of the General Terms and Conditions

(1) Through the use of our online booking platform of activities and tours of tour operators in Peru affiliated with South America Experiences S.A.C. (hereinafter, the "Platform"), you are entering into an agreement with us in accordance with the terms and conditions described in this document (the "Terms of Use"). Our Privacy Policy and Protection of Personal Data are an integral part of these Terms of Use. For the purposes of these Terms of Use and other Policies, any reference to "us", "we", "our", refers to South America Experiences SAC (hereinafter, "Exploor"). 

(2) Via the Platform, Exploor is i) an intermediary that offers activities and tours (hereinafter, the "Services"); and, in turn, ii) directly provides certain activities and tours as a tour operator. In each Experience, it will be determined if said Experience is provided directly by Exploor or by the Suppliers.

The term "End User" represents the person who purchases the Experience through the Platform. The "Experiences" represent activities and tours related to adventure, trekking, experiential tourism, art and culture, wellness, accommodation, gastronomy, and more.

The services offered on this Platform are available only to those persons who may enter into legally binding contracts in accordance with the provisions of applicable law. By accessing the Platform, you declare that you are over 16 years of age and that you are authorized to assume binding obligations with respect to any type of liability that may arise from your use of this Platform.

Each type of service offered on the Exploor web platform adheres to the regulations of the following terms and conditions:

 

2 About the Content and Scope of Services

(1) The content of this Platform has been prepared with the intention of providing information about the Experiences and to make the payment and contracting thereof. You may use the information contained in this Platform only for purposes related to the Services. The information contained in the Platform is information of Exploor and also information provided by third-party providers of the Experiences. In case of finding errors or flaws in the information provided, such as availability for reservations, we would appreciate if you would contact us. You may issue opinions, comments, evaluations, emails, suggestions, questions, as long as the content is not illegal, threatening, obscene, racist, defamatory, libellous, pornographic and does not infringe the provisions of the Terms of Use and other policies that are an integral part of the Terms of Use. The use of this Platform for commercial purposes is expressly prohibited. You cannot enter our Platform through a robot or other automatic device, unless you have our prior written authorization. Neither may use any device or software that interferes or attempts to interfere with the operation of our Platform. You must not use this Platform, for, as a reference, but not limiting: sending mass emails (spam) or emails with threatening, abusive, hostile, outrageous, defamatory, vulgar, obscene or insulting content; publish false, incorrect, deceptive, libellous or defamatory content; collect information from users; encourage, incite or direct other users to violate the present Terms of Use or any legal provision; to carry out an illegal or criminal act; take an undue, illegitimate or bad faith advantage; interfere with the ability of other users to access or use the Platform. In addition, you agree that you will not: copy, reproduce, modify, create derivations, distribute or publicly display any content of the Platform; use language that is unlawful, abusive, threatening, obscene, vulgar, racist, or any language that is considered inappropriate or against morality and good morals; announce or provide links to sites that contain illegal material or other content that may damage or deteriorate another user's personal network or computer.

All the Services that are provided in this Platform are subject to the Terms of Use and other policies that are understood to be incorporated and linked to them, so we suggest that you read and thoroughly review the details of them.

(2) Exploor is a tour operator and also an intermediary between the End User and Experiences of suppliers approved by Exploor (the "Suppliers") published on the Platform.

(3) The services and Experiences of said Suppliers can be found on this Platform including videos, photos, a description, cancellation and reservation terms or an itinerary and additional detailed information for each Experience, booking and cancellation terms and more.

(4) Exploor offers the Supplier’s Experiences only as a mediator in order to promote them through its web Platform, so it is not responsible for the level of service or any damage that occurs during the Experience, or for the information that the Suppliers publish on the Platform. If you notice any error or false or derogatory information, please contact the Platform so that this information is removed or corroborated immediately.

 

3 Discounts, Discount Campaigns and Promotion Coupons

(1) Discount promotions allow the acquisition of selected Experiences at reduced prices.

(2) To make use of this type of discounts, the End User must insert the code during the purchase process or online reservation, in the corresponding form. 

(3) The discount codes are only valid for a specific group of Experiences, people or categories at a specific time. The time range and the group to which the discount adheres are mentioned in the terms and conditions of the specific Experience. These are found on the website where the discount code can be inserted.

(4) In the event that the End User has several discount codes from different campaigns, it will not be possible to combine them with other codes or discount campaigns or accumulate them. Each code can only be used once and only for one campaign. Exploor retains the right to reject such requests from the End User and only accepts the discount codes under the terms and conditions defined here. A discount code can be exchanged for a single Experience. 

(5) It is not possible to exchange a discount code with a cash payment or convert several discount codes into the purchase of an activity.

 

4 Reservation, Cancellation y Experience Refund Policies

(1) The reservation of an Experience listed on the Platform must be done with a minimum anticipation of time, which is specified on the page of the particular Experience under the point "Terms of Reservation". The anticipation to make the reservation by the End User may vary and depends on each Experience. The minimum anticipation time indicated in the Terms of Reservation in each particular Experience only serves as an indicator and does not guarantee any fixed reservation; because in case there is no availability and the End User has already made the purchase, Exploor will make a refund. All Experiences are subject to the availability of the Supplier and Exploor, depending on what the Experience is.

(2) Once an Experience has been purchased, the End User receives a confirmation code sent by email, which allows him to make use of the Experience.

(3) Each confirmation code is unique and is issued individually for certain date(s) chosen on the website that gives the owner the right to claim certain service(s).

(4) The Experience information will indicate the requirements of the Supplier or of Exploor to perform a particular Experience (for example, physical fitness, age, height, etc.). Exploor and the Supplier may reject the realization of the Experience if the End User does not comply with the requirements detailed in the Platform for each Experience. In case the End User does not comply with the requirements that have been communicated prior to the purchase of the Experience, the End User will not be entitled to any refund.

(5) The availability represented in the Platform's calendar is referential and may be out-dated, therefore, it is possible to make a reservation without availability. To the extent that there is no confirmation of the reservation by Exploor of the corresponding Experience, the Final User is advised not to make any reservation of means of transport and specific, special, or necessary accommodation for the Experience. Exploor assumes no responsibility for the organization of the End Users. The End User must fully meet the requirements to be able to make use of the Experience. 

(6) Unless indicated in the description of the Experience, the transportation service and / or accommodation and / or food and beverages are not included, and must be managed and paid for by the End User. The End User may not claim any compensation or reimbursement for these additional expenses incurred, neither from the Supplier nor from Exploor. The Experiences will be carried out as they are developed in the Platform, without any additional or related service, so the End User should not interpret the contrary.

(7) If the End User does not appear on the date and time of the Reserved Experience, and without prior cancellation (in accordance with the cancellation terms of each Experience, Supplier or Exploor), the code used for this experience as well as the right to do the Experience expires without place to claims, reimbursement, interest or any penalty in favor of the End User, to the detriment of the Supplier or Exploor. The details of postponing or cancelling a reservation are included in the particular Experience page under the "Terms of Cancellation" section.

(8) Exploor and the Supplier must be informed in advance of any postponement. Those requests for postponement or cancellation by the End User or by the Supplier are clearly detailed on the website of the Experience in the Terms of Cancellation and can be done by various means (mail, phone, WhatsApp, in person). The End User must bear in mind that Exploor or the Supplier may charge fees in the event of postponement or cancellations.

(9) In order to request a refund or cancellation, the End User must contact Exploor to coordinate the return of their money as established in the Terms of Cancellation on the Experience page. The End User will assume any transfer costs in this case (from the payment gateway when paid through the Platform), the transfer costs that arise when the money is transferred for the Experience to the Supplier, the costs when returning the money to the End User or any other cost related to the transfer of money to make the return to the End User, if applicable.

(10) In the event that the End User purchased an Experience with a discount code, only the price that the End User finally paid will be redeemed and paid, not the original price of the Experience. The experiences will not be interchangeable; that is, it cannot be changed with another Experience that has the same value. In any case, contact Exploor to request more information about each specific case.

 

5 Contracting of the Experiences

(1) Exploor communicates and the End User declares and agrees that Exploor has no obligation or liability with respect to the Experience after the corresponding confirmation code has been issued and received by the End User. Exploor does not assume nor will it assume any responsibility for damages as a result of the products or services (including photos of the activities) that the Supplier markets and that are promoted and paid through the Platform or in cash to the Supplier. The Supplier is the sole and exclusive responsible for the quality of the Experience and any damage that may occur as a result of it.

(2) The End User may add a particular Experience to the shopping cart. To eliminate a shopping cart Experience, the End User has to click the "Delete" button. If you want an Experience several times, you must click the "+" button on the Experience page and the number of Experiences is increased in the cart. The next step is the checkout process. If the End User has not yet logged in with his account, at this stage he can do so - if he already has an account - or he can create an account in Exploor to continue with the process. Then, the End User has the possibility to choose their preferred payment method (pay by credit card or pay in cash). After having selected the payment method and having accepted the terms and conditions, the End User will be asked to pay for their order according to the chosen payment method, if applicable. Exploor is not responsible for any problem of personal data or charges as a result of errors in the payment gateway by the chosen payment method.

(3) Once the End User paid the corresponding price for the chosen Experience, with the selected payment method and received a confirmation email with the Experience code, the End User has the possibility to make use of that Experience(s) on the chosen date(s). In case the End User chooses to pay in cash, he will receive the aforementioned confirmation email, and must pay the price for the Experience in coordination with the Supplier. There are no refunds in case the End User does not perform the Experience on the scheduled date; however, at the sole decision of the Supplier, the End User may have the opportunity to reschedule the realisation of the Experience. 

(4) After having made the purchase the End User will receive an email with the information of their order to the email address indicated during the checkout. The End User with his own account will be able to see his orders from his profile in the Platform.

(5) The content and information of the Experience (for example, exclusion criteria, minimum number of participants, dates, recommendations, etc.) can be found in the Information section of each particular Experience on the Platform. Exploor publishes the information provided by the Supplier about the Experience; it is the End User's obligation to be informed by the means that he considers the information in the Platform and other means, about the Experience and the Supplier. Exploor and/or the Supplier may reject the realization of the Experience if the End User does not comply with the requirements detailed in the Platform for each Experience. In case the End User does not comply with the requirements that have been communicated prior to the purchase of the Experience, the End User will not be entitled to any refund. On the contrary, if the Supplier rejects the realization of an Experience for a requirement that is not communicated prior to the purchase of the Experience, the End User must request a refund from the Supplier. The End User declares and accepts that the sole and exclusive person responsible for the refund of the money paid as a result of the aforementioned impediment will be the Experience Supplier.

 

6 Prices

(1) The price of the Experiences indicated on the Platform is the final price and includes all the services mentioned on the website of the particular Experience.

(2) The prices of the Experiences listed on the Platform do not include taxes, as foreigners who travel less than 60 days within Peru are exempt from taxes for the Peruvian government. In order to benefit from this exemption, the End User must comply with and respect the requirements and tax exemption consequences established in 23 Tax Exemption. Exploor requests those requirements from the Client in the confirmation email sent after the purchase.

(3) The reservation and the price of an Experience face tax exemptions. In order to enjoy the tax exemption already applied to the price of the reserved Experience, the End User must comply with the tax exemption requirements established in Section 23 "Tax Exemptions". Otherwise, the consequence is an increase of 18% in the tax rate of the total price of the reservation made by the End User, as established in said Section 23 "Tax Exemptions".

 

7 Legal Consequences in Case of Loss of Experience

(1) In case of loss or theft of the confirmation code, Exploor assumes no responsibility for abuse of the service; that is, if a third party makes use of the code and performs the Experience instead of the End User. Given this situation, no refunds or issuance of a new code will be made. However, the End User has the possibility to request the re-issuance of a new confirmation code to info@exploor.pe with their personal data and indicating which Experience has been purchased so that Exploor can find out the order and the related code.

(2) After receiving the order confirmation email, the End User assumes full responsibility for their own confirmation code.

 

8 Descriptions of Experiences

(1) Exploor constantly updates the descriptions of the Promoted Experiences in the Platform. However, the content of those descriptions and the availability of the Experiences themselves may vary without knowledge of Exploor. It is the Supplier who has the responsibility to inform Exploor of any changes. 

(2) All of the photographs and illustrations of the Platform are referential. The photographs and illustrations published are the property of the Suppliers or of Exploor. Exploor assumes no responsibility for the property rights of the photos or illustrations of the Supplier and the latter is responsible for any claim, complaint or complaint from third parties. 

(3) Exploor provides information about the Experience as to what it includes, duration, itinerary, recommendations, reservation and cancellation terms and additional information. The Experiences will be carried out as they are described in the Platform, without any additional or related service, for which the End User should not interpret the contrary.

(4) The End User declares and accepts that many of the Experiences may be delayed until canceled due to unforeseeable circumstances or force majeure. Likewise, the End User declares to hold Exploor harmless from any inconvenience in the realization of the Experience, and understands that Exploor is an automated platform that allows tourists to connect with the Experiences offered in Peru, so that Exploor is not responsible for any damage caused in the realization of the Experiences.

 

9 Transfer of Experiences

(1) Any Experience is freely transferable to third parties. The new owner of the Experience must comply with the conditions of the Supplier and Exploor to participate in the Experience. In case they do not comply with the conditions, they can restrict the realization of the Experience. In this case the Experience counts as used without the right to refund or reschedule. The End User must notify Exploor with a minimum of 2 working days prior to the change of the participant, and it will be entirely the responsibility of the End User to know and accept the Terms of Use and other hiring policies of the Experiences.

(2) Without prejudice to the fact that the Experiences can be transferred to another End User, it is expressly forbidden for an End User to market the Experiences described in the Platform for a personal economic benefit, without the due authorization of Exploor.

 

10 Payment, Delivery and Reservation of Property

(1) End Users may pay the Experiences through i) credit card through PayPal (www.paypal.com.pe), ii) credit card such as Visa, MasterCard or American Express at the Supplier or Exploor offices and iii) in cash. The entire data transfer process is encrypted by SSL and conforms to the highest security standards in the industry. The delivery of the confirmation code to make the experience will be by email. Limitations may be specified in forms of payment or additional forms of payment in each Experience. 

(2) Exploor does not cover any transfer costs that arise during the process of payment or deposit or transfer to your account in case the End User transfers payment from another region outside of Lima, another country outside of Peru or costs that occur during transfers between different banks. Exploor recommends finding out about transaction costs at your personal bank.

 

11 Availability and Cancelation

(1) The End User can find information about the availability of each Experience (e.g. region / city, available times or schedule) on that Experience's page. All experiences vary in their availability. The End User can choose his preferred date in the calendar on the Experience page. The availability of the Experience in the Platform may be outdated, so the reservation is considered confirmed (and with it the availability) once the confirmation email of the reservation has been received.

(2) In the hypothetical case that the End User requires a reservation in less time than that established in the terms of reservation of the activity, the End User must contact Exploor, in order to verify availability, prior to purchase. If the End User buys before Exploor informs him that there is availability, and it is verified that it is not possible to carry out the experience, Exploor will proceed to return the money to the End User, discounting the administrative cost of the transaction associated with the purchase made, an amount that will depend on the rate stipulated by the Bank used by the End User. In case of cancellation, the terms indicated on the website of the Experience under the "Terms of Cancelation" will be respected.

 

12 Physical Disabilities

Exploor welcomes the participation of people with disabilities for the Experiences offered but recommends that the End User contact Exploor through info@exploor.pebefore purchasing an Experience to verify if participation in this Experience is possible with the particular disability of the End User.

 

13 Service Changes

(1) The Supplier has the obligation to offer the Experience acquired by the End User and everything that it includes. In case of changes in the Experience, the End User has the right to request a refund while assuming the return conditions specified in these Terms of Use, such as transfer costs for payment and reimbursement. 

(2) The Experiences can be carried out with vehicles, technical equipment or certain people with special technical knowledge to fulfil the Experience. These are described in the description of the Experience on the Platform. In case that during the coordinated date of the Experience these equipments are not available, the Experience Supplier may find an equivalent replacement. If there is no adequate replacement available, the Experience may be cancelled or postponed, depending on the preferences of the End User. The agreements of postponements and cancellations must be made between the End User and the Supplier. Exploor is not responsible for the coordination of these dates or conditions between the End User and the Supplier and is in no sense responsible nor will it compensate the claims for damages (travel expenses, accommodation, etc.) to the End User.

 

14 Exploor's Responsibility

(1) As an intermediary, Exploor will not be responsible for any type of damage caused in the realization of one or several Experiences or a combination of Experiences (a combination of 2 or more Experiences, a tour package, can be created by Exploor and is listed in the Exploor Platform but still operated by Suppliers that have a valid contract with Exploor). Both, the End User, the Suppliers and Exploor, agree that any damage will be resolved between the End User and the Supplier, leaving Exploor totally excluded from any process.

 (2) Exploor is only responsible for the direct damages caused by the breach of a contractual obligation with respect to its own services as an intermediary between End Users and Suppliers. With respect to this, the responsibility of Exploor, is limited according to the types of direct damages caused in its capacity as intermediary.

(3) Exploor is only an Experience mediator and therefore can not be held liable for damages that occur or are caused by the Supplier or a third party while the Experience is being performed. Exploor will not be liable to any of the parties or a third party affected by any damage that occurs from the receipt of payment confirmation by e-mail, unless Exploor is a Supplier of some Experience (as will be indicated in the particular Experience). 

(4) Exploor is not responsible for the content of third-party websites. All the connections that are provided to other sites have as their only objective to provide you with greater references about the Suppliers and the Experiences. The policies and procedures that we describe here do not apply to third-party services. We suggest you contact these sites directly to obtain information about their terms and conditions, privacy policies, among others.

 

15 Intellectual Property Rights

(1) All intellectual property rights related to the content and design of our Services and Platform are owned by us or by third parties (and in those cases where it is owned by third parties we have the necessary licenses to use them with the Services). You may not use or reproduce or allow anyone to use or reproduce any trademark, name or logo that appears on the Platform without our prior written authorization. The software that operates the Platform and all digital applications is proprietary or third party software and you may not use it except for those uses permitted under these Terms of Use. You may not copy, reverse engineer, modify or make any transaction with the software of our Services.

 

16 Privacy Policy and Protection of Personal Data

We are committed to protecting your privacy. Please review our Privacy Policy and Protection of Personal Data, for more information, visit https://www.exploorperu.com/pages/privacy-policy-exploor-peru.

 

17 Modification of the Terms of Use

(1) Exploor reserves the right to change and adjust these Terms of Use to balance and improve the contractual relationship of all parties included. Any change that does not give a benefit to the End User of the Experience or to the Supplier, will only be due to legal or technical changes.

(2) In case you do not agree with any of the changes made, you can immediately stop using the Platform, the Services and the account. If you continue to use the account after the changes to the Terms of Use have been made, such use will be considered your full acceptance of the changes made. These Terms were updated on the date indicated at the end.

 

18 Jurisdiction and Applicable Law

(1) This agreement is governed by the laws of the Republic of Peru.

(2) Any dispute that arises in relation to these Terms, their existence, validity, interpretation, scope or compliance will be submitted to arbitration, carried out by a single arbitrator, the respective final decision being irrevocable. Said arbitration will be carried out by the Arbitration Center of the Chamber of Commerce of Lima and is governed by the rules of arbitration of the institution, whose rules and conditions of the parties declare to know and expressly submit to the one that expressly waives its own jurisdiction. The sole arbitrator will be appointed by the competent authorities of the Arbitration Center of the Lima Chamber of Commerce.

 

19 Registration, Password and Liability

You can navigate on the Platform without having an account. In order to use some Services, such as contacting the Suppliers, reserving and contracting the services that we offer through our Platform, you may do so by entering the personal information required in our Platform. Your user account must not include the name of another person with the intention of supplanting that person, or be offensive, vulgar or obscene, or contrary to morality and good manners. Your username and password are personal and, therefore, you are solely responsible for maintaining the confidentiality of your data for the login to the Platform and for the use and access to the Services with your username and/or password. You will always have the option to recover your password by making use of your email; without prejudice to notify us immediately upon realization of the loss, theft or unauthorized use of any password, user ID or email address. You cannot transfer or sell access to your account. We will not be responsible for any damage related to the disclosure of your username or password, or the use that any person gives to your username or password. You cannot use another user's account without having the user's permission. We may require you to change your username and / or password if we believe your account is no longer secure or if we receive a complaint regarding your username that violates the rights of another person. We can reject the registration, cancel your account or not allow access to the Services, by way of reference, but not limiting, in case you breach the terms of the Terms of Use and our policies or act contrary to the provisions in them, incur in possible legal infractions and/or make an inappropriate use of our Platform.

  

20 Assignment of Contractual Position

You acknowledge and agree that Exploor may assign our contractual position or any of our rights or obligations, or sell our assets to any third party without the need to inform you and obtain your prior and express consent.

 

21 Force Majeure

We will not be responsible or will be in default for any delay or failure in the performance or interruption in the provision of Services that may result directly or indirectly from any cause or circumstance beyond our reasonable control, including, but not limited to faults in equipment or lines of electronic or mechanical communication, telephone or other problems of interconnection, computer viruses, unauthorized access, theft, errors of the operator of public telecommunications services, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or government restrictions.

 

22 Claims and Complaints

In accordance with the provisions of the Consumer Protection and Defense Code, Law No. 29571, our Platform has a virtual complaint book in which you can make a complaint or claim regarding the Services we offer on the Platform. The same that can be found at this address: https://www.exploorperu.com/pages/complaints.

 

23 Tax Exemption

Within the confirmation email received by the End User after making the reservation online, the End User is requested to provide their personal information and personal information of the people who travel and participate in the Experience with him/her. The requested personal information includes: full name, date of birth, passport number and date of arrival in Peru and return. To be able to apply the tax exemption, the End User has a maximum stay of 60 days in Peru. In the event that the End User or any of the travel companions remain in Peru for more than 60 days without leaving the country, the tax exemption cannot be applied to the respective person(s).

The End User must provide the requested information at least 1 day before the start of the Experience (there are exceptions for Experiences in which Exploor or the Supplier have to organize, buy or reserve third party services such as train tickets, tickets for tourists, places of interest or others, hotels and more and needs the information requested by the End User directly after the online reservation is made). In the event that the End User does not provide the information requested to Exploor directly after the reservation of the Experience, neither Exploor nor the Supplier are responsible in case there is no more availability for the chosen Experience or the General Sales Tax detailed in the next section is applied. In this case, the End User has the right to cancel the reservation.

The information requested must be provided by email to info@exploor.pe. The information requested is necessary to exempt the final user from paying 18% of the General Sales Tax, as foreigners do not have to pay taxes for specific services in Peru. This exemption has already been considered during the price of the Experiences presented in the Platform. Therefore, the prices published for the Experiences on the Platform do not include taxes. However, to make use of the tax exemption for foreigners, Exploor and the Supplier must register the information detailed above in the system of the Peruvian tax authority. This allows the End User to be exempt from paying the corresponding VAT. Otherwise, the End User declares and accepts that a surcharge of 18% of the Experience will be made as a result of the payment of the VAT.

 

Date of last update: October 2nd, 2018