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 web 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.

The term "End User" refers to the person that purchases the Experience through the Platform and every other participant joining him/her. The "Experience" refers to 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 people 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 on this Platform only for purposes related to the Services. The information contained on 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 contacted 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 devices, 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 to: 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 on 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 thoroughly read and review their details.

(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, terms of reservation cancellation or an itinerary and additional detailed information for each Experience and more.

(4) Exploor offers the Supplier’s Experiences only as a mediator in order to promote them through its web Platform, so Exploor 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 errors or false or derogatory information, please contact Exploor so that this information is removed or corrected 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 of Reservation on the page of the Experience.

(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, Changes, Cancellation and 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 is no guarantee for a reservation. In case there is no availability and the End User has already reserved the Experience, Exploor will make a refund. All Experiences are subject to the availability of the Supplier and of Exploor, depending on who operates the Experience.

(2) Once an Experience has been reserved, the End User receives a pre-confirmation which contains a code sent by email. This code allows him/her to make use of the Experience in case Exploor confirms the availability after Exploor has received the End User’s information required and after the availability has been confirmed.

(3) Each confirmation code is unique and is issued individually for certain date(s) chosen on the website that gives the End User the right to claim certain service(s) in case the End User adheres to the requirements to make use of his/her reservation.

(4) The information of the Experience on the Platform will indicate the requirements of the Supplier or of Exploor to perform a particular Experience (for example, physical fitness, weight, 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 on the Platform's calendar is referential and may be outdated, therefore, it is possible to make a reservation on the Platform without availability for the Experience. To the extent that there is no confirmation of the reservation by Exploor of the corresponding Experience, after the End User has sent the information required by Exploor and after the availability has been checked and confirmed by Exploor via Email, the End User is advised not to make any reservation for transport and specific, special, or necessary accommodation for the Experience. Exploor assumes no responsibility for the organization made by the End User that is related to this Experience. The End User must fully meet the requirements to be able to make use of the Experience and await the confirmation of availability by Exploor via Email.

(6) Unless indicated in the information of the Experience on the Platform, 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 presented on the Platform, without any additional or related service, so the End User should not interpret the contrary.

(7) In case the End User does not appear on the date and time of the reserved Experience, and without prior cancellation (in accordance with the terms of cancellation of each Experience, Supplier or Exploor), the code used for this experience as well as the right to do the Experience expires without any rights 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 cancellation. Those requests for cancellation by the End User are clearly detailed on the website of the Experience in the part “Terms of Cancellation” and can be done only via email. The End User must bear in mind that Exploor or the Supplier may charge fees in the event of cancellation or changes of date of the Experience, which must be confirmed prior by Exploor. These charges and the conditions in order to receive refunds are mentioned on the Experience page in the Terms of Cancelation for each respective experience.

(9) In case the cancellation requirements mentioned under Terms of Cancelation on the Experience page are met, Exploor will coordinate the End User’s refund within the next 7 business days. The End User accepts that she/he assumes any costs such as banking fees or other charges that might arise during the refund process made by Exploor. Exploor cannot be held responsible for any charges or bank fees that might arise and Exploor won’t pay or cover any fees related to the refund.

(10) As several experiences have a minimum of participants, Exploor reserves the right to cancel and to give a full refund to the End User in case other participant(s) cancel their Experience according to the Terms of Cancellation for that Experience and the necessary minimum of participants for the Experience to take place is not met. The last-minute (on the day before the Experience) cancellation by Exploor applies if there is only 1 participant for the Experience left. The remaining participant, the End User, will be contacted in the afternoon the day before in case no one else has signed up to meet the minimum number of participants necessary. Exploor will offer the option to refund the entire payment, to postpone the tour to another date on which the minimum number is already met or to do an upgrade to a private solo tour where the remaining End User has to pay the difference from "group"- to "private solo"-tour.

(11) If the End User purchased an Experience with a discount code and cancels the Experience, only the price that the End User paid will be refunded, not the original price of the Experience. The Experiences are not interchangeable; this means that they cannot be changed with another Experience that has the same value. In any case, the End User can contact Exploor to request more information about each specific case.

(12) In the event of an emergency during the Experience, where the guide has to apply the internal emergency protocol, any End User participating has no right to request any refund or compensation from Exploor or any other related party, even if the actual Experience reserved cannot be completed. This is due to security and safety standards for every participant.

(13) Machu Picchu Reservations: These reservations are exposed to varying availability of tickets for the trains or the entrance to Machu Picchu. Thus, with a Machu Picchu tour reservation, be it a full day, a tour with an overnight stay in Aguas Calientes, or a bundle with other tours, the final itinerary will remain undetermined until Exploor is able to successfully reserve the corresponding tickets. The ticket availability is not in Exploor's control and changes constantly. Exploor only organizes the train & entrance schedule that is possible considering the ticket availability and the ticket budget available, which is included in the final price of the Experience. It's possible that there are waiting times, in Ollantaytambo or in Aguas Calientes, to get the train or to enter Machu Picchu. Exploor will get the best fitting train and entrance schedule available according to the tour purchased. The End User has no right to claim any refunds in case he/she is not willing to accept the schedule Exploor organized. With the reservation, the End User agrees to accept the itinerary Exploor will organize for him/her.

(14) Changes of reservations, like dates or hours, inquired by the End User, have an additional administrative fee and depend on availability. Thus, any change desired is not confirmed. First, the End User has to contact Exploor to check if a change might be possible. If so, Exploor will communicate the administrative fee and any other additional costs that will occur with a change to the End User. The End User pays those fees and additional costs via Paypal (covering the PayPal fee of 6% commission). In case the End User disagrees, there won't be a change. Further, for every reservation, there is only 1 change possible. Thus, with a change confirmed and implemented by Exploor, the End User agrees that the cancellation terms are no longer valid and that he/she does not have any right to claim a refund from Exploor nor demand other changes.

For Machu Picchu reservations, after the tickets (train, entrance, bus) have been bought by Exploor, changes can be made only in case the End User contacts Exploor via email, indicating the desired change(s) as well as accepting the related costs (third party and administrative fees). With regard to the change inquiry sent by the End User via Email, Exploor will check the availability, feasibility and any additional fees the End User would have to pay for making this change possible. Next to fees charged by third parties responsible for tickets related to the Machu Picchu tour, Exploor charges additional $70 as administrative costs which apply to the availability investigation as well as sending the change-proposal. For any additional change-proposals, Exploor will charge additional $70 as well as the fees charged by the third parties involved. In addition, the End User will have to cover additional 6% PayPal fees on the total amount payable for the change. When the End User agrees within 24 hours after the change-proposal has been sent by Exploor via email, Exploor will send a payment inquiry via PayPal which has to be accepted and paid by the End User within those 24 hours and Exploor will make the related changes within the next 48 hours. When the change has been made, Exploor will share with the End User an updated Booking Summary containing the new times or/and dates of the tour.

In case the End User responds or pays after the change-proposal valid for 24 hours has been sent by Exploor, the proposal is no longer valid. With that, the availability of the tickets to be changed is no longer ensured and thus Exploor is not responsible for any problems that might occur due to that. It’s the End User’s responsibility to act on time, within the 24 hours. A new proposal can be inquired by the End User, but this leads to additional $70 administrative fees charged by Exploor.  

(15) In case the End User makes personal changes on her/his itinerary which is provided by Exploor, the End User has to accept any additional charges or possible changes and cancellations by Exploor and its representatives. In case Exploor or its representatives are unable to make the coherent adjustments, the End User has to manage the additional adjustments necessary on her/his own without the right to claim a refund from Exploor or its representatives. Thus, the End User makes personal changes of the itinerary on their own behalf, risks and costs.

(16) For the Salkantay Trek to Machu Picchu, Exploor or the Supplier require the End User and every additional participant joining the End User in the Experience(s) to fill out and sign a sworn declaration before they are allowed to participate in specific Experiences. This is communicated in the confirmation email the End User receives after sending all the personal information asked for in the pre-confirmation email. In case the End User and/or another participant do not fill out and sign the sworn declaration correctly, Exploor or the Supplier have the right to cancel the participation of that specific participant within every moment before the Experience(s) begin(s). The End User and/or the participant affected have no right to claim any explanation or alternative, and Exploor will refund 100% of the payment of that participant. In case there are any transfer- or banking fees, the End User or the participant will cover those themselves. Exploor does not cover any fees for this refund process. In case any of the participants wants to cancel the participation because one or more participants did not fill out and sign the sworn declaration, the Terms of Cancellation for the Experience(s) apply and might end in no or only a partial refund by Exploor.

(17) Any representative of Exploor, if guide, driver, Supplier, other, or Exploor have the right to reject the participation of the End User or one of the other participants joining the End User if this person’s safety and health are put at risk. The End User as well as any participant involved or affected have no right to claim a refund from Exploor nor its representatives. This decision by Exploor’s representative or Exploor is made in the best interest and for the safety of the person(s) affected and has to be accepted claimlessly.

(18) For every Experience operated by Exploor itself, a Whatsapp group will be created the day before the Experience begins. In this group the End User will be added with the number she/he indicated in the email sent to Exploor with all the information Exploor requires in the pre-confirmation email. Every End User in the Group will be asked to confirm the participation until 6:00 pm (Peruvian time) the evening before the Experience with an icon indicated by Exploor in the group’s welcome message. In case there hasn’t been any confirmation until 6:00 pm, the End User’s participation remains unconfirmed with the risk of losing the participation in the Experience entirely.

(19) Exploor has every right to cancel tours at any time before the Experience begins, under the requirement that Exploor has to refund the End User’s payment in case it has been made by the End User already.

(20) Last minute cancellations can occur due to sick guides, no replacements, or any other reason. In case Exploor cancels an Experience, the End User has no right to claim any other compensation or refund from Exploor or its Suppliers, except the final price the End User paid. The only exception are last minute cancellations due to an unforeseen and uncontrollable external influence, such as a strike, bad weather conditions or similar. In case Exploor is informed about this at or after 8:00 pm before the day of the Experience, the End User won’t be eligible for a refund as Exploor already incurred operative and logistical costs.

 

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 an Experience operated by a Supplier after the corresponding confirmation code has been issued, received by the End User and confirmed by Exploor. 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) Certain Experiences may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the End User’s responsibility to assess the risks and requirements of each Experience in light of such End User’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such End User. Each Adult reserving with any Minor End User (less than 18 years) is joint and severally responsible for the behavior and wellbeing of all Minor End User(s) on such reservation, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a reservation with any Minor End User assumes all responsibility for supervising and monitoring such Minor End User(s). Exploor does not provide care services for Minor End User(s) and Exploor as well as its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor End User(s).

(3) The End User may add a particular Experience to the shopping cart. To eliminate or change any given number of Experiences from the shopping care, the End User has to change the amount in the respective quantity box. Any End User placing and confirming a reservation on any Experiences with more than one participant named and booked on such reservation, represents and warrants to Exploor that: i) the End User making the reservation has all requisite consents and authority to make such reservation on behalf of all other participants (End Users) named on the reservation, and has communicated all necessary information to the other End Users in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all End Users is complete and accurate, and the End User making the reservation has obtained all necessary consents and permissions to share such information with Exploor for the purposes of completing the reservation; and iii) the End User making the reservation will inform all other named End Users on the relevant reservation of the applicability of these Terms to the reservation and the End Users’ relationship with Exploor. The next step is to confirm the Terms and Conditions and to continue with the checkout process. The End User has to indicate personal information and continue to the selection of the payment method. After having selected the payment method, the End User will be asked to pay for the reservation according to the chosen payment method. 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.

(4) Once the End User paid the corresponding price for the chosen Experience, a price that is already exempted from Peruvian taxes (18%), the End User will receive a pre-confirmation email with the Experience code and has to answer this email by sending a picture of every participant’s (every End User of this reservation) passport information, confirming that she/he will send a picture of the passport page that contains the migrations stamp when entering Peru (indicating the entrance date), and responding to the questions with the required information asked for by Exploor in this pre-confirmation email. The End User is fully responsible for the correctness of the information she/he has to share with Exploor. Exploor is not obliged to advise the End User with additional reminders, next to the pre-confirmation email, to send the information in time. The information the End User has to share for every End User participating in the Experience is: Full name, passport number, nationality, birthdate, date of arrival in Peru, pickup place (if applicable), food preferences (if applicable), how the End User found out about exploor, how she/he is traveling (couple, family, solo, friends), the Whatsapp number Exploor can be in contact with while the End User will travel in Peru, and additional information on the Machu Picchu Experience (if reserved). In case the information has not been shared on the same day of the purchase or if the End User did not inform Exploor by responding to the pre-confirmation email that the information will be sent soon, the reservation is not confirmed and is exposed to the risk of unavailability and additional costs. Further, this reservation is without any right of refund against Exploor by the End User, who is responsible for any additional penalties, charges or fees that occur due to delay of sharing the information required by Exploor. This applies to information shared by the End User which is not complete, as Exploor cannot ensure that it’s free of errors, this is the End User’s responsibility. Exploor is able to process and confirm the reservation when all of the required information has been received completely (in case it contains errors, it’s the End User’s responsibility as previously stated) via email to info@exploor.pe. In case the End User disagrees on covering any additional costs that occurred due to an End User’s delay on submitting the complete information, the reservation can be canceled by Exploor at any moment. In this case, Exploor has the right to claim 10% of the final price as administrative costs. In case a refund will be made due to this cancellation, the End User will cover any banking- or transfer fees as it’s her/his fault on being cancelled due to not sharing the required information on time. When Exploor has received all the information required and confirmed the reservation in an additional response from their side, mentioning “Reservation Confirmation” (Exploor has 24 hours to respond to the End User’s email and is not responsible for any cancellations and availability problems), the End User and all participants included in the reservation have the right to make use of that Experience(s) on the chosen date(s).

(5) The content and information of the Experience (for example, exclusion criteria, the minimum number of participants, dates, recommendations, etc.) can be found in the Information or in the Terms of Reservation section of each particular Experience on the Platform. Exploor publishes its own information and the information provided by the Supplier of the Experience and it is the End User's obligation to be informed about the Experience. 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 End User’s participation in an Experience due to a requirement that is not communicated prior to the purchase of the Experience, the End User will receive a full refund made by Exploor. The Supplier will cover any administrative- and banking- and/or transfer costs that occur during the refund process and will further receive a warning which can end in termination of the collaboration.

(6) When the End User damages the equipment provided by Exploor during the Experience, the End User agrees to cover any costs to repair or replace damaged or broken equipment, such as hiking poles, tents and more. This compensation can be made via payment in cash on the same day or online via PayPal (the End User will have to cover the transfer costs) to Exploor’s account. 

(7) In case the driver and the guide arrive on the day of the tour and have to wait longer than 5 minutes for the End User to show up, the End User will automatically lose their tour without the right to any refund. This is to make sure that the pickup process runs efficiently to make every traveler happy and not lose time waiting for others.

(8) The End User and every other participant fully agree on that they participate in the Experience reserved with Exploor or their Supplier voluntarily, that it might be adventurous, related to risks, and on their own will and initiative.

(9) The End User agrees to follow each and every instruction of Exploor’s or the Supplier’s guide before, during and after the Experience. In case of non-compliance with any of them, The End User declares that he does so under his full responsibility and fully assumes the consequences that this may entail. The End User further releases, indemnifies and defends the guide, South America Experiences S.A.C. ("Exploor"), including its staff and any third party that could be affected directly or indirectly. In case the guide neglects the End User’s participation during the pickup or during the Activity itself due to reasons that might affect the End User’s health and safety, the End User has to adhere and either remain in the accommodation, the transport vehicle or do as the guide instructs. In this case the End User has no right to claim any refund from anyone.

(10) The End User agrees that she/he has been duly informed about the risks involved in the participation in this Activity, as well as the need to observe and cohere to the safety rules for the participation.

(11) The End User agrees that she/he complies with the physical needs and requirements for the participation in the Experience and is entirely healthy. She/he also assumes the risks of her/his participation in the Experience. Therefore, she/he fully releases and waives any indemnification claim against Exploor, its representatives and employees and all involved in any claim for death or accident, injury or permanent damage of any kind that come up before, during and after the End User’s voluntary participation in the Experience.

(12) The End User agrees on that she/he is informed that according to articles 1970 and 1972 of the Peruvian Civil Code, any damage to her/his person caused by her/his own or third parties' imprudence, or by acts contrary to safety regulations, acts of God or force majeure will not be responsibility of Exploor or anyone related to Exploor.

(13) The End User assumes full responsibility for any present or future damage that she/he may suffer as a result of the Experience reserved, the use of the facilities or her/his participation in it. Therefore, the End User acknowledges that it is mandatory that all participants need to obtain a travel insurance. An insurance with minimum repatriation, evacuation, and medical coverage of US$250,000 for the entire stay while being in Peru. Further, it is strongly recommended and encouraged to extend the coverage of that travel insurance to include cancellation, curtailment, as well as all other expenses that might arise as a result of loss, damage, injury, delay, force majeure or inconvenience occurring to any participant during their stay and time with Exploor. The End user understands that Exploor does not provide any of such insurances mentioned. When contracting a travel insurance, it’s the End User’s obligation and responsibility to ensure that the insurer is aware of the type of travel to be undertaken, risks mentioned above and to fully cover those. In case the End User or any other participant has no insurance to cover the above mentioned points, or an insurance that only partially covers the losses and costs that could arise, it’s her/his own responsibility to cover those personally as Exploor cannot be held responsible for any cost. Further, the End User will pay her/his own expenses related to medical assistance and all medical expenses subsequent to her/ his participation in this Experience(s), for any illness, accident or injury related to it. 

(14) The End User also authorizes Exploor to provide, through medical personnel, medical emergency treatment and transportation to the appropriate health center. This authorization does not mean an obligation to Exploor to provide such medical services. All costs related to any medical treatment will be covered and / or reimbursed by the End User. Certain Experiences might be related to remote or less developed regions, where medical facilities may not meet the standards of those found in the End User’s home country. The condition of medical facilities in the countries in which Exploor operates varies and Exploor makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.

(15) Exploor is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Experience(s), or a force majeure event (as herein defined). Exploor shall have no liability for loss, theft of or damage to baggage or personal effects of End Users while participating in an Experience. End Users should not leave personal belongings unattended in any public areas, on board of any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Exploor cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other belongings left in or on facilities used by Exploor such as hotels, homestays, vessels, vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Exploor or of the third-party suppliers of any services which form part of the Contract then Exploor’s limits its liability, where applicable by all applicable International Conventions. Notwithstanding anything to the contrary elsewhere in these Terms, Exploor shall not in any circumstances be liable to End Users for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Exploor may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the End User paid for the Experience, not including insurance premiums and administration charges. Whether this relates to loss of and/or damage to luggage and/or other personal possessions then Exploor’s liability will not exceed $500. Exploor will not be liable at any time for any loss of or damage to valuables of any nature. The End User agrees that she/he shall be precluded from seeking recovery against Exploor and its suppliers, contractors or other third parties.

(16) The End User agrees to indemnify and exempt all responsibility from Exploor to its representatives, employees and third parties for any liability, against any type of claim arising from any damage caused to third parties by the End User’s negligence, incident, accident or violation of the safety rules, as well as by death or accident, injury or permanent damage of any kind brought before, during and after the End User’s participation in the Experience that she/he will perform. The End User declares and hold innocent the aforementioned persons and entities of any claim against them as a result of her/his actions during the Experience.

(17) The End User formally authorizes Exploor to take photos and/or make recordings of her/him before, during and after the execution of the Experience in order to publish and promote this material in the media channels that Exploor considers appropriate, perpetual and worldwide.

 

6 Travel Documents

The End User is responsible for being in possession at all times while on an Experience of a valid passport required for entry, departure and travel to each country or region visited throughout the itinerary of the applicable Experience, and for re-entry to the End User’s country of residence or departure (passport must be valid 6 months past the last date of travel), as well as all visas, permits and certificates including vaccination certificates and insurance policies. The End User accepts full responsibility for obtaining all such documents prior to the start of the Experience and is solely responsible for any adverse consequences resulting from missing or defective documentation. Exploor does not represent or warrant the accuracy of any information or advice given by Exploor regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and the End User agrees that Exploor  is not responsible for any errors or omissions in such information.

 

7 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 exempted from taxes by the Peruvian government. In order to benefit from this exemption, the End User must comply with the requirements and tax exemption consequences established in section 23 “Tax Exemption”.

(3) In case the End User desires to pay a price difference or any other amount related to the Experience, the payment has to be made in the exact amount in the office of Exploor as Exploor does not manage change. Further, every single bill has to be in perfect condition. In case a bill is rotten or worn, Exploor will not accept it as Peruvian banks decline rotten or worn bank notes. The End User has to organize a suitable replacement to make the corresponding payment valid. Exploor has the right to cancel and refund the End User’s reservation and the payment in case the End User doesn’t pay the outstanding amount before 2:00 pm on the day before the Experience.

 

8 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 the order and the related code.

(2) After receiving the order confirmation email, which is sent after the End User has sent the required information by Exploor in the pre-confirmation email after the reservation has been made, the End User assumes full responsibility for his/her own confirmation code.

 

9 Descriptions of Experiences

(1) Exploor constantly updates the information of the Experiences on the Platform. However, the accuracy 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 on 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 or complaint from third parties.

(3) Exploor provides information about the Experience as to what it includes, the duration, the itinerary, recommendations, reservation and cancellation terms and additional information. The Experiences will be carried out as they are described on 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 or 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 reserve Experiences offered in Peru, so that Exploor is not responsible for any damage caused in the realization of the Experiences.

 

10 Transfer of Experiences

(1) Any Experience, except Machu Picchu or any Experience or Experience bundle which takes longer than 1 day, is freely transferable to third parties. The new End User of the Experience must comply with the conditions of the Supplier and of Exploor to participate in the Experience. The previous End User has to ensure that the new End User complies with the corresponding conditions. In case the new End User does not comply with the conditions, she/he can be excluded from the participation in the Experience without any claim for a refund or a rescheduling of the Experience. The End User must notify Exploor with a minimum of 2 working days prior to the change of the End User and he/she must share all the information required in section 5 (3). It is the full responsibility of the End User to know and accept the requirements to be able to participate in the Experiences reserved.

(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.

 

11 Payment, Delivery and Reservation of Property

(1) End Users may pay the Experiences online with credit card via PayPal (www.paypal.com.pe). 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 and the final confirmation of the tour will be via 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 for the End User during the payment process.

 

12 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. This confirmation email is the answer by Exploor to the questionnaire responded by the End User in the pre-confirmation email sent automatically after the End User realized the reservation online.

(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 making the reservation. If the End User buys before Exploor informs her/him that there is availability, and it is certain that it will not be possible to include the End User in the experience, Exploor will proceed to return the money to the End User. In this process Exploor has the right to discount administrative costs of 10% of the transaction associated with the reservation made and the End User will cover every administrative-, banking- or transfer fee that is charged by during the refund process.

 

13 Physical Disabilities

(1) Exploor welcomes the participation of people with disabilities for the Experiences offered but recommends the End User to contact Exploor at info@exploor.pe before reserving an Experience to check whether the participation in this Experience is possible.

(2) In the event the End User has made a reservation with Exploor and subsequently is unable to complete the medical requirements, Exploor reserves the right to treat such End User’s reservation as cancelled, and all applicable cancellation fees shall apply. End Users are responsible for assessing their own suitability and capability to participate in the Experience the End User has booked. All End Users should consult their physician regarding their fitness for travel, and adventure travel in particular. Exploor encourages all End Users to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the End User]s experience with Exploor. Exploor does not provide medical advice. Certain Experiences may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the End User’s responsibility to assess the risks and requirements of each Experience in light of End User’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such End User.

 

14 Service Changes by Exploor

(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 without the participation in the Experience. In case the End User participated in the Experience where the changes are realized, the End User has the right to request a refund for the difference of what she/he reserved and received. Related operative and administrative costs won’t be refunded by Exploor or the Supplier.

(2) The Experiences can be carried out with vehicles, technical equipment or certain people with special technical knowledge to fulfill 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 canceled and the End User will receive a refund or it may be postponed, depending on the preferences of the End User. Exploor does not take any responsibility for these cases nor will it compensate the claims for damages (travel expenses, accommodation, etc.) to the End User.

 

15 Exploor's Responsibility

(1) As an intermediary, Exploor will not be responsible for any type of damage caused during the Experience realized by the Supplier. Both, the End User, the Suppliers and Exploor, agree that any damage will be resolved between the End User and the Supplier, excluding Exploor 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’s responsibilities during the Experience are clarified in 5 (8) - 5 (15).

(4) Exploor is not responsible for the content of third-party websites. All the links that are provided to other sites are only meant to provide you with more information 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.

 

16 Intellectual Property Rights

(1) All intellectual property rights related to the content and design of Exploor’s Services and content presented on the Platform are owned by Exploor or by third parties who shared the licence rights with Exploor. The End User or any other third party may not use, reproduce or allow anyone to use or reproduce any trademark, name or logo that appears on the Platform without Exploor’s prior written authorization. The software that operates the Platform and all digital applications is proprietary or third party software and the End User may not use it except for those uses permitted to make the reservation. The End User may not copy, reverse engineer, modify or make any transaction with the software of our Services.

 

17 Privacy Policy and Protection of Personal Data

Exploor is committed to protecting the End User’s privacy. Please review Exploor’s Privacy Policy and Protection of Personal Data. For more information, visit https://www.exploorperu.com/pages/privacy-policy-exploor-peru.

 

18 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 benefit the End User or the Supplier of the Experience will only be due to legal or technical changes.

(2) In case the End User does not agree with any of the changes made, she/he can immediately stop using the Platform and Services. In case the End User continues to use the platform or Experience after the changes have been made, such use will be considered as the End User’s full acceptance to the adjustments. These Terms and Conditions were updated on the date indicated at the end.

 

19 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.

   

20 Assignment of Contractual Position

The End User acknowledges and agrees that Exploor may assign its contractual position or any of its rights or obligations, or sell its assets to any third party without the need to inform the End User and obtain her/his prior and express consent.

 

21 Force Majeure

Exploor will not be responsible for any delay or failure while performing the Experiences. This delay or failure may result directly or indirectly from any cause or circumstance beyond Exploor’s 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 to the provisions of the Consumer Protection and Defense Code, Law No. 29571, Exploor’s Platform has a virtual complaint book in which the End User can share a complaint or a comment regarding the Services Exploor offers on the Platform. The same that can be found at this address: https://www.exploorperu.com/pages/complaints.

 

23 Tax Exemption

Within the pre-confirmation email received by the End User after making the reservation online, the End User is requested to provide their personal information and the personal information of the people travelling and participating in the Experience with her/him. 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 24 hours 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 has been made). In the event that the End User does not provide the information requested to Exploor directly after the reservation of the Experience or informs Exploor that the information will be sent within the next 3 days (the start of the Experience itself cannot be within those 3 days), neither Exploor nor the Supplier are responsible in case there is no more availability for the chosen Experience. In this case, the End User has the right to cancel the reservation but she/he has to accept an administrative fee of 10% that will be deducted from her/his payment. The other option in case there is still availability but the information has not been completely and correctly shared with Exploor, is that the End User pays the outstanding taxes of 18% on the final price already paid for the Experience.

This 18% tax exemption has already been considered in the price of the Experiences presented on 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 taxes.

In case the End User or another participant did not share the required information before the Experience begins as mentioned before, and disobeys as well as neglects to pay the 18% taxes on the price already paid, before the Experience begins, Exploor and all its representatives have the right to prohibit the participant, disobeying Exploor's terms and conditions, from participating in the Experience without the right for any refund. The participant assumes any costs related to the Experience and cannot hold Exploor or any representatives responsible for this.

 

Date of last update: July 20th, 2019