Terms and Conditions
Article 1. Introductory Provisions
1.1 These terms and conditions form part of the contract between:
SATS Peru (‘the company’) part of OntdekReizen B.V.; and any person wishing to travel on a tour provided or offered by the company (‘the client’)
1.2 Travel agreement: the contract which the company undertakes towards the other party to provide an in advanced offered organized tour.
1.3 The person making the booking for the tour warrants that, before making the booking, he or she has read and has agreed to be bound by these terms and conditions and that he or she has advised each other person wishing to travel on the tour of these terms and conditions and further warrants that each such person has agreed to be bound by them.
Article 2. Information of the Company
2.1 By the conclusion of the agreement the company will be provide the client by or on behalf of with on the Dutch national coordinated information on passports, visas and any health formalities. The client is responsible for obtaining any necessary additional information from the authorities and to verify before departure whether previously obtained information has not been changed.
2.2 By or on behalf of the company, the client will be informed about the possibility of taking out a policy of cancellation insurance and travel insurance. The company reserves the right to the condition that the client concludes a travel and / or cancellation insurance and to obtain a copy of the insurance policy.
Article 3. Information of the Client
3.1 The client must provide information regarding the physical and mental state of the traveler(s) (including the use of alcohol, drugs or medication) as physical and / or mental condition may cause discomfort, danger or risk for the traveler or other travelers (passengers and / or crew) or third-party property. The traveler is aware that the carrier (for example, the aircraft captain) can deny further transportation if the information does not appear correctly or is not provided. Information should also be provided with regard to a limited mobility and the necessity to accompany minors and disabled passengers, pregnant women, the sick and other travelers. It is known by the client that the carrier has the right to require for a medical certificate in respect of certain medical conditions and in the absence of that declaration, to deny the traveler (further) transport.
3.2 If the traveler falls short to provide the necessary information and as a result that other traveler(s) of the company will be excluded from (further) participation in the trip, the costs arising will be charged to the traveler.
3.3 At discretion of the company, it reserves the right to withhold a traveler from participating in a trip on medical reasons.
3.4 If the traveler does not meet the requirements to report according to the mentioned condition and if the company would not have allowed the traveler to participate or continue in the tour, the company is not liable for personal injury, death, property damage or loss.
3.5 The client acknowledges that the tours offered by the company may be considered to be, in full or in part, adventurous. That consideration is one taken into account by the client in making the booking. The tours may involve personal risk, such risks to include illness, injury, disease, loss or damage to property, discomfort and inconvenience. The client, in making the booking, accepts such risks and agrees that he or she has made the booking upon the condition that he or she travels at his or her own risk. The client warrants that he or she shall not make any claim against the company for injury or loss, howsoever caused, arising out of the acceptance of such risk.
3.6 The client has to inform the company of any food allergy or dietary requirements at the time of booking. It is the responsibility of the client to ensure that the available food during the trip is suitable. If necessary, the traveler should arrange suitable food for their own consumption at their own expense. The company, its agents, employees or contractors cannot guarantee that traveler’s allergies or dietary requirements can be catered during the trip and the traveler recognizes that this is the own responsibility of the traveler.
Article 4. Conclusion of Travel Agreement
4.1 The travel agreement is established by acceptance of the offer of the company by the client, including the applicable conditions. After the conclusion of the travel agreement, the client receives as soon as possible a confirmation by letter or by e-mail, possibly as an invoice.
4.2 The offer of the company is noncommittal and can be revoked if applicable. Withdrawal must be passed as soon as possible, but no later than the next business day after acceptance, stating reasons. Revocation due to correction of errors in the fare calculations is permitted.
4.3 The company has the right to terminate the agreement with immediate effect if the number of applications is less than the required minimum. The company mentions the notice period and the minimum number of bookings in the offer. The cancellation must be made within the period specified in the offer and be made by letter or by e-mail.
4.4 The client who enters into a contract for or on behalf of another person (the booking party) is severally liable for all obligations arising from the agreement.
4.5 Booking reservations are made with full names, passport numbers and nationality. These information need to be confirmed 60 days before the departure date of the tour.
4.6 Booking reservations Inca Trail
As a result of the regulation of the Inca Trail (Resolution no. 002-2003-UGM-CD), all reservations must be documented and 100% paid in advance. The reservations that are made cannot be modified or changed. For cancellations, there is no refund. A reservation that is not documented and / or 100% has been paid, will be automatically canceled.
4.7 Booking reservations Machu Picchu
All reservations must be documented and 100% paid in advance. The reservations that are made cannot be modified or changed. For cancellations, there is no refund.
Article 5. Payment
5.1 Upon the conclusion of the travel agreement, a deposit of a minimum 30% of the agreed estimated total price has to be paid on the date the reservation is made.
In respect of airfares, client must pay a deposit of 100% of the estimated total cost.
In respect of the Independent Inca Trail tour, client must pay a deposit of 100% of the estimated total cost. In exceptional cases (e.g. cruises), group tours and incentives divergent payment terms applies.
5.2 The remaining amount of 70% of the agreed estimated total price must be paid no later than 60 days before the day of departure. An overdue payment may result in cancellation of the tour and the cancellation fee will be charged to the client.
5.3 If the travel agreement is established within 60 days before the day of departure, 100% of the estimated total cost should to be paid immediately when the reservation is made.
5.4 The client is liable to pay statutory interest for the outstanding overdue amount. In addition, an extrajudicial collection fee (15% of the claim) will be charged.
5.5 Payments should be transferred to the bank account of
Utrecht, The Netherlands
IBAN NL20 RABO 0148 3609 04
A payment confirmation issued by the bank stated with the booking number should be sent to the company.
Article 6. Prices
6.1 The published price is based on the prices, exchange rates, levies and taxes as known to the company at the time of compiling the tour. The fares quoted are per person, unless otherwise stated.
6.2 The company reserves the right to charge a surcharge up to 30 days before the departure date, in respect of with changes in entrance fees, government regulations, foreign exchange rates, increases in transportation costs (including the costs of fuel), flight costs, airport charges and the increases in scheduled air fares or other travel related expenses. Only in the case of extreme increases in fuel costs, the company will charge a fee up to 20 days before the departure date.
Article 7. Travel documents
7.1 The client acknowledges that it is his or her responsibility to obtain and maintain a valid passport, any valid visas, permits or certificates, including vaccination certificates, for any tour booked with the company. The client further acknowledges that it is his or her responsibility to ascertain any requirements for such matters and to ensure that those requirements are satisfied. If the traveler is not allowed to travel (entirely) due to the lack of any (valid) document, this and all resulting consequences are on his behalf.
7.2 The client shall, prior to or at the time of booking, take out, and maintain for the duration of the tour, insurance that will provide indemnity to the client for at least unlimited medical expenses, hospital expenses and unlimited repatriation expenses. It is strongly recommended to take out and maintain insurance for cancellations, abridgements and any other costs that may arise due to loss, damage, injury, delay or inconvenience.
7.3 The company states that the required travel documents must be in the possession of the traveler within 10 days before the day of departure.
Article 8. Variation by the client
8.1 The client has the ability to vary his or her confirmed reservation until 60 days before the departure date. The company will use reasonable endeavors to try and satisfy the request for variation. The company will advise the client of any variation in the tour price. The client agrees to pay to the company any additional costs, such as administrative and communication costs. Postponement of departure date or reduction of the number of travelers is considered as a (partial) cancellation is subject to article 9.
8.2 A request to vary a confirmed reservation received by the company 60 days or less before the departure date will be taken into consideration by the company. If the request is not accepted by the company the client must cancel the reservation.
8.3 Flight bookings made by the company cannot be changed, if otherwise indicated in the booking conditions of the flight ticket. The company strongly recommends that the client take out and maintain a policy of insurance to cover cancellation.
Article 9. Cancellation by the client
9.1 To cancel a booked tour by the client, a written notice of cancellation must be provided to the company. The date on which the letter has been received by the company will be applicable to the amount of cost charged. In addition, the client will be charge with administrative and communication costs.
In the event that the cancellation notice is received by the company, the client will be charged with the following cancellation costs:
• cancellation more than 60 days before departure date; 12% of the total amount will be charged
• cancellation from 59 to 45 days before departure date; 30% of the total amount will be charged
• cancellation from 44 to 30 days before departure date; 50% of the total amount will be charged
• cancellation from 29 days to departure date; 100% of the total amount will be charged, no refund
9.2 In the event of a tour with of several components, various cancellation terms are applicable to each part the specific applicable provisions. For example at airline tickets, cruises, car rental, special services such as national parks and cultural or sporting events different cancellation terms applies.
9.3 In the event that the cancellation notice is received in respect of the Inca Trail tour and Machu Picchu, the client shall not be entitled to any refund irrespective of when the cancellation notice is received.
9.4 Cancellations of tours with fixed departure dates after confirmation of enrollment,
30% of the total amount will be charged and when after the final payment 100% of the total amount will be charged.
9.5 In the event of cancellations of flight tickets issued, regardless of the date of cancellation, 100% of the total amount will be charged. The company strongly recommends that the client take out and maintain a policy of insurance to cover unforeseen circumstances.
9.6 The cancellation by one or more travelers who have a joint stay in a hotel room, apartment or other property, will be considered a cancellation applicable to the entire booked reservation. For the remaining travelers the price will be revised. This may result in an additional cost.
Article 10. Cancellation by the company
10.1 The company has the right to cancel the travel agreement due to substantial circumstances.
It may be necessary for the company to cancel tours, due to force majeure like natural conditions or otherwise, where commitment by the company to the travel agreement cannot reasonably be expected.
10.2 An agreement relating to the Calamiteitenfonds Reizen limitation is a substantial circumstance.
Article 11. Variation by the company
11.1 Due to local conditions of the traveled areas or other circumstances therewith related, the company reserves the right to make changes to the tour, such as the itinerary, the schedule, place of arrival and departure, transport and accommodation, the timing and the order in which excursions are planned to be carried out, or even to terminate the journey if it has already started. The company will do its utmost to execute all offered tours; however reasonable changes in the itinerary may be made where necessary or desirable by the company.
11.2 The company will notify changes as soon as reasonably possible to the traveler, when the company has been informed of the change.
11.3 In the event of changes the company will use its best endeavors to provide an alternate tour that is substantially the same or as similar as practical to the tour that is advertised or offered.
11.4 The company may modify the agreement on an essential point, due to substantial circumstance. In that case, the traveler can reject the amendment only if the change will be at his disadvantage of more than negligible.
11.5 The traveler who wants to execute his right to change or to reject the alternative offer, must notify the company within 24 hours after receipt of the report indicate the change. In that case, the traveler is entitled to remission or refund (or, if the trip has already been completed, to restitution of a proportionate part)
Article 12. Liability and Force Majeure
12.1 The company will use its best endeavors to ensure that its obligations pursuant to the contract with the client are satisfied.
12.2 In the event the trip does not meet the expectations of the traveler, the traveler is required to inform those involved as soon as possible.
12.3 The company is not liable for damage caused by the following:
a. shortcomings in the execution of the travel agreement under circumstances that are attributable to the traveler, including the health condition of the traveler;
b. proceedings and influences of third parties which are not directly involved in the execution of the circumstances;
c. loss or theft of property of travelers in transport, accommodation rented by the company etc.;
d. circumstance and conditions which are not to be liable to the company by law and / or the accepted norms cannot be reasonably attributed to the company;
e. shortcomings, negligence or errors in the content of the program of tours in which the company is exclusively responsible for the organizational execution of the trip (transport, accommodation, etc.) and where the execution of the program content is made by and under the responsibility of third parties;
f. errors and mistakes made by the airline
12.4 The company will not be held liable in any case for damages incurred because of the conditions listed below:
a. war, threat of war, martial law, quarantine, riots, acts of sabotage, strikes, crime, boycotts, scarcity of goods, disruptions in communications, disturbances in transport, delays of public transport.
b. social disruption caused by natural disasters and serious accidents.
c. errors and the failure by third-party to their commitments when these third parties are not employees of the company or are not engaged directly by the company in the execution of the travel agreement.
12.5 The company’s liability is excluded for damages which are covered by travel and cancellation insurances. Neither is the company liable for damages which are excluded under the applicable written or unwritten international law.
12.6 The company is not liable for loss or damage to baggage and travel documents.
12.7 Force majeure means unusual and unforeseeable circumstances beyond the control of the person entitled to the goods and the consequences despite all precautions could not be avoided.
Article 13. Help and Assistance
13.1 The company is depending on the circumstances obliged to provide the traveler aid and assistance if the trip does not meet the expectations that are reasonable based on the travel agreement.
13.2 If the cause is attributable to the traveler, the company is to provide help and assistance required as far as can be reasonably required of him. In this case the costs arise are on behalf of the traveler.
13.3 If the tour does not meet the expectations of the traveler which are reasonably based on the travel agreement, due to circumstances that neither the traveler nor the company is attributable, each takes care of its responsible part.
13.4 The traveler is obliged to comply with all instructions of the company to facilitate the proper execution of the tour and is liable for damages caused by its improper behavior, to be assessed to the measure of the correct behavior of a traveler.
Article 14. Complaints
14.1 A shortcoming in the implementation of the travel agreement must be reported as soon as possible in order to find an appropriate solution. Therefore, the traveler should – in this order – report his complain to the service provider in question, the tour guide or if it is not available or accessible, the tour operator. If the shortcoming is not resolved and it affects the quality of the tour, it must in any case be reported immediately to the tour operator / the company in the Netherlands.
14.2 If a shortcoming cannot be satisfactory resolved; the company will provide an appropriate opportunity to register a complaint prescribed writing.
14.3 If the traveler has not complied with reporting and complaints report, whereby the service provider or tour operator is therefore not given the opportunity to rectify the shortcoming, he will be limited to entitle to compensation or excluded.
14.4 If a complaint is not satisfactorily resolved, it should within 1 month after the tour (or received service) or after the original departure date (when the tour did not take place), be submitted in writing to the company.
14.5 The contract between the company and the client, including these terms and conditions, are subject to and are to be construed in accordance with the laws of the Netherlands.
1 July 2014
Utrecht, The Netherlands
Chamber of Commerce nr. 59464410