Términos y condiciones

1: Contrato entre el Cliente y Fertur Perú Travel SAC

• To secure a reservation with Fertur Perú Travel SAC, a duly completed and signed reservation form is required. The requirement for advance payments will be on a case-by-case basis, depending on the nature of the tour agreed upon in writing between the Client and Fertur Perú Travel. Payment of the deposit to Fertur Perú constitutes acceptance of these terms and conditions. Clients who book by phone, digital chat, or email will be deemed to have read these booking conditions and indicated their acceptance by submitting the reservation form.

• A reservation is accepted and final only from the date Fertur Perú Travel confirms its acceptance in writing and issues a formal confirmation. From that moment on, a binding contract between Fertur Perú Travel and the Client comes into effect.

• Fertur Perú Travel reserves the right to refuse a reservation without providing an explanation.

• The contract is between Fertur Perú Travel and the Client, the latter being all persons named on the reservation form. The person signing the reservation form guarantees that they are fully authorized by all persons named on said form and confirms that they are fully informed of the conditions and accept them.

2: Payment

• The total amount due must be paid to Fertur Perú Travel in the manner agreed upon in advance by Fertur Perú Travel during the reservation process. If the balance has not been paid, Fertur Perú Travel will consider the reservation canceled by the Client.

• Payment can be made in cash, by transferring the total invoice amount to one of Fertur Perú Travel’s bank accounts, or by credit card. For Customer convenience, Fertur Perú Travel offers several secure online payment methods and accepts all major credit cards, including Visa, American Express, and MasterCard.

• Fertur Perú accepts payments with major credit cards, including Visa, MasterCard, American Express, etc. Online credit card payments can be made to Fertur Perú Travel through Izipay, VisaNet Perú, or other certified POS companies that offer sales services in Peru through debit, credit, and prepaid cards. Payment must be made at least 24 hours in advance of the tourist services contracted by Fertur Peru Travel SAC. Payment through payment platform services using Stripe must be made at least 5 days before the tourist services organized by Fertur Peru Travel SAC.

• At Fertur Perú Travel’s discretion, payment for tour packages may also be made to the Fertur Perú Travel SAC PayPal account. IMPORTANT: Fertur Perú Travel will not accept PayPal payments for the purchase of standalone airline tickets that are not part of a vacation package. Payment via PayPal must be made at least 14 days prior to the tour services organized by Fertur Perú Travel SAC.

• In the case of payments made through Izipay and/or VisaNet Perú and/or Stripe and/or PayPal, the Client is subject to the Terms and Conditions of those services. Fertur Perú Travel is not responsible for the performance of third-party credit card processing or payment services. You expressly understand and agree that Fertur Perú Travel will not be responsible for payments and monetary transactions that occur through your use of the Service.

• In the case of payments made by credit card at the Fertur Perú Travel counter, a 5% surcharge may apply. In the case of a bank transfer, all transfer costs will be borne by the Client.

3: Changes made by the Client

• Any changes made to the original reservation must be confirmed in writing by the person signing the reservation form. Any costs or surcharges incurred by Fertur Perú Travel or charged by our suppliers as a result of the modifications will be charged to the Client. Although every reasonable effort will be made to accommodate changes and additional requests, availability cannot be guaranteed.

4: Customer Replacement

• If any member of your party cannot travel, the reservation may be transferred to another suitable person, provided written notification is given at least 60 days prior to departure. Additional charges may apply to cover costs imposed by Fertur Perú Travel’s suppliers. Airlines impose penalties ranging from 10% to 100%, depending on the individual case. Tickets for the Inca Trail, Machu Picchu, and other attractions are non-refundable and non-transferable.

5: Cancellation by the Client

A Client who is a «FIT» (i.e., an independent traveler or member of a private group of up to 15 passengers) may cancel their reservation at any time up to 90 days prior to departure, provided they have notified Fertur Perú Travel in writing of such cancellation. Fertur Perú Travel will reimburse the Client for any recoverable costs, less a US$150 administrative fee and any bank transfer or credit card fees incurred. Fertur Perú Travel’s suppliers may charge the Client cancellation fees, and Fertur Perú Travel will NOT be responsible for these costs.

Fertur Peru Travel will provide its suppliers’ cancellation policies prior to booking upon request. The 18% General Sales Tax (IGV) will not be refundable for some hotels. Airlines may impose a cancellation fee of 20% to 100% for unused tickets or missed flights, depending on the individual case and as long as the regulations and/or policies of the fare base under which the ticket was issued allow it. Inca Trail tickets are non-refundable and non-transferable.

Based on the date of receipt of written cancellation notice 90 days or less prior to scheduled departure, the following cancellation fees will apply:

Period before departure when you receive written notification Cancellation rate as a percentage of the holiday price
Cancellation 90-22 days before departure: 30%
Cancellation 21-09 days before departure: 75%
Cancellation within 8 days or less before departure: 100%

• Cancellation penalties are different for travelers participating in a fixed-departure tour group organized by an external tour company, educational institution, or travel club that has contracted Fertur Perú Travel as its Local Integrating Travel Agency (DMC). As the DMC, Fertur Perú Travel asserts the supremacy of its published terms and conditions to govern the services provided. No policy, term, or condition established by any contracting tour company or travel club shall have legal force to replace, modify, or override the terms and conditions published by Fertur Perú Travel. Fertur Perú Travel’s terms and conditions prevail in all contractual and service-related matters.

Fertur Perú Travel expressly disclaims any liability for disputes, conflicts, or disagreements that may arise between a contracting travel company or travel club and its clients. Our commitment is solely to fulfilling our service obligations as stipulated in our agreements with these entities. We are not involved in, nor do we assume any responsibility for, any aspect of the relationship or interactions between these companies/clubs and their clients, including, but not limited to, dispute resolution.

By entering into a service agreement with Fertur Perú Travel, all contracting tour companies and travel clubs acknowledge the primacy of Fertur Perú Travel’s terms and conditions.

Unless otherwise stipulated in a separate contract with Fertur Perú Travel, please note that a US$150 deposit per participant for group packages is non-refundable. Fertur Perú Travel must receive written notification of the decision to cancel a trip in order to receive any refund. The following fees apply from the date of receipt of the written cancellation notice:

Period before departure when you receive written notification Cancellation rate as a percentage of the holiday price
Cancellation 90 days before departure: 50%
Cancellation 30-15 days before departure: 75%
Cancellation 14-01 days before departure: 100%

• For reservations made with Peru Experiences Belmond SA, Belmond Luxury Travel Limited, or Venice Simplon-Orient-Express Limited, cancellations and/or reductions in reservations with names received between 90 and 63 days prior to group check-in are subject to a 70% penalty. Group cancellations and/or reductions in reservations with names in a group received between 62 days and the group check-in date will be considered a no-show and will incur a 100% penalty on the total amount of the canceled and/or reduced accommodation. No refunds will be available. Group reservations of 7 or more rooms will be subject to a separate group booking agreement, with terms and conditions based on ad hoc negotiations.

• Fertur Perú Travel always strives to fulfill its obligation to provide refunds in a timely manner, but reserves the right to delay the refund for 12 to 18 months when cancellation is requested in the context of or coinciding with ongoing extraordinary weather disturbances, natural disasters, or other conditions beyond the control of Fertur Perú Travel that constitute a case of force majeure.

6: Changes and Cancellation by Fertur Perú Travel

• Although Fertur Perú Travel will use its best efforts to operate all of its tours as advertised, by signing this contract the Client accepts that it may be necessary or advisable to vary or modify the itinerary of a tour or its contents due to prevailing local conditions. Fertur Perú Travel reserves the right to cancel or change at any time any of the facilities, services or prices (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation, and accepts no liability for any loss of enjoyment resulting from these changes.

• If Fertur Perú Travel realizes that a major modification will be required, the Client will be informed at the time of booking.

• If a major change is necessary after the reservation has been made, Fertur Perú Travel will inform the Client as soon as possible.

• When a major change is made, the Client will have the option to accept the change of plans, purchase any other available tour, or cancel the tour and receive a refund, provided the major change is not due to force majeure.

• Force majeure is considered to be: war, threat of war, riots, civil strife, industrial disputes, terrorist activities, epidemics or pandemics, natural (or nuclear) disasters, fires, adverse weather conditions, technical or maintenance problems in transportation, forced changes due to cancellation or alteration of flight itineraries by an airline, change of airline or aircraft type, or other similar events beyond the control of Fertur Perú Travel. However, in the event of force majeure during the trip, Fertur Peru Travel is committed to providing the passenger with all the facilities and advice that help safeguard the integrity of the trip.

• Fertur Perú Travel is not responsible for any costs in the event of a change – beyond its control – in the departure time or date of a tour, flight, or other form of transportation.

• In the event that Fertur Perú Travel is forced to postpone, alter, or cancel a departure, it will not be responsible for the Client’s travel preparation expenses, such as non-refundable airline tickets, medical fees, inoculations and medications, passports and visas, and personal equipment. In the event of a lasting, external, and catastrophic force majeure beyond the control of Fertur Perú Travel, Article 1315 of the Peruvian Civil Code will apply, and Fertur Perú Travel SAC will be exempt from liability. However, in the event of force majeure during the trip, Fertur Peru is committed to providing the passenger with all the facilities and advice that help safeguard the integrity of the trip.

7: Surcharges

• Fertur Perú Travel reserves the right to increase the cost of a tour for the following reasons: government decisions, currency, transportation costs, including fuel costs, overflight charges, airport charges, and increased itinerary airfares. If the surcharge results in an increase of more than 10% of the tour cost, the Client has the right to cancel the reservation within seven (7) days after notification of the surcharge and obtain a full refund, less non-refundable deposits paid to Fertur Peru suppliers. No surcharge will be imposed within 30 days of the departure date.

8: Travel Insurance

• A travel insurance policy is highly recommended for all Clients while traveling on tours organized by Fertur Perú Travel. The Client and their personal property, including luggage, are entirely at their own risk. It is the Client’s responsibility to secure their own insurance. An appropriate insurance policy should adequately cover medical expenses that may occur due to illness or accident before or during the vacation, and the loss of vacation money due to cancellations or shortening of the vacation for reasons covered by the insurance. The Client should ensure that the policy does not have exclusionary clauses that limit protection for the type of activities included in their tour. The Client should ensure that the travel policy covers their requirements and should seek additional supplemental insurance if necessary.

9: Passport, Visa, Andean Migration Card and Vaccinations

• It is the Client’s responsibility to have a valid passport, visa permits, vaccinations, and any preventive medications that may be required during the trip. Fertur Perú Travel provides information on these and other related matters in good faith, but assumes no liability. The Client will provide Fertur Perú Travel with a copy of their passport for the sole purpose of arranging tours and accommodations, in accordance with Fertur Perú Travel’s privacy policy.

10: Age, Physical Condition, and Participation

• It is assumed that the Client, before making their reservation, ensures that they are physically fit to participate in the chosen itinerary. It is suggested that persons over 60 years of age obtain a medical certificate confirming their fitness to travel on the chosen itinerary. Unaccompanied minors (under 18 years of age) are not accepted on tours operated by Fertur Perú Travel; however, children and young people may be accepted provided they are accompanied by a parent or guardian who accepts full responsibility for them. Fertur Perú Travel reserves the absolute right to refuse a reservation at its discretion. Clients agree to recognize the authority and decisions of Fertur Perú Travel employees, tour leaders, and agents while traveling with Fertur Perú Travel. In the event that any of these individuals considers that the health or conduct of a Client before or after the departure of the trip could jeopardize the safe, comfortable, and successful completion of the tour, the Client may be excluded from all
or part of the tour. In the event of ill health, Fertur Perú Travel may take whatever steps it deems necessary and recover the costs of such steps from the Client.

11: Local laws

• All participants in tours operated by Fertur Perú Travel are expected to respect the laws and regulations of the countries they visit, and any failure to do so will release Fertur Perú Travel SAC from any liability for any obligations it would otherwise have under the booking conditions.

12: Illness or Disability

• Any person suffering from an illness or disability, or undergoing treatment for any physical or medical condition, must declare the true nature of such condition at the time of booking and make arrangements to obtain any medication or other treatment they may require during the tour. Failure to disclose these conditions will result in a breach of these booking conditions and will result in the exclusion of such persons from the tour and the forfeiture of all monies paid. If the chosen trip includes a cruise, excursion, or transfer on a vessel of any kind, the Client must inform the Client at the time of booking whether they know how to swim. This will not prevent the Client from participating in the tour but will allow Fertur Perú Travel to take additional precautions for the Client’s safety when appropriate.

13: If the Client has any complaint

• If the Client has any complaints or claims regarding any tour arrangements, they must inform Fertur Perú Travel or its representatives immediately so that a good faith effort can be made to rectify the situation. Only if Fertur Perú Travel is aware of a problem will there be an opportunity to rectify it. Failure to file a complaint at this time will negate the Client’s ability to file a claim for compensation from Fertur Perú Travel. If a problem cannot be resolved, the complaint must be submitted in writing to Fertur Perú Travel within 28 days of the tour’s completion.

14: Flight Reservations

• Fertur Perú Travel will make its best efforts to ensure that all flight prices are correct at the time they are quoted. Airlines reserve the right to modify or withdraw ticket prices without prior notice. Once the deposit for an airline ticket has been paid, this guarantees that the reservation will be held for you, but DOES NOT GUARANTEE the ticket price. The ticket price can only be guaranteed when the reservation has been paid in full and the ticket has been issued. Flight reservations cannot be transferred. Between booking and ticket issuance, Fertur Perú Travel will make a good faith effort to seek out less expensive fares for the Client. Any savings achieved by rebooking at a lower fare will benefit the Client.

• The flight schedules provided by Fertur Perú Travel are for general guidance only and are subject to change. The correct flight time will be indicated on the ticket. The Client should carefully check the tickets immediately upon receipt, ensuring they include the most up-to-date flight schedules. In the event of a flight change, Fertur Perú Travel will endeavor to inform the Client as soon as possible. Airline details are also subject to change. Such modifications do not constitute a significant change in travel arrangements and, therefore, will not be construed as a right to cancel without paying the usual charges in such cases.

• Fertur Perú Travel will inform passengers about the conditions and validity of the ticket, the travel documents they must carry, and other travel-related recommendations. However, compliance with these policies is the passenger’s sole responsibility.

• Fertur Peru Travel will inform passengers about the conditions and validity of the ticket, the travel documents they must carry, and other travel-related recommendations. However, compliance with these policies is the passenger’s sole responsibility.

15: Our responsibility

• Fertur Perú Travel accepts the responsibility of ensuring that the Client is provided with the trip faithful to the description in the final version of the travel program that the Client receives upon arrival, and that the services meet a reasonable standard.

• Fertur Perú Travel acts only in its capacity as agent in the event of legal conditions and, always exercising all possible caution, is not responsible for injury, illness, damage, loss, additional expenses, fortuitous delay, or other irregularities that may be caused due to intentional acts or omissions or negligence by companies or individuals who provide or are involved in transportation, accommodation or other services related to the fulfillment of the tour, or due to natural disasters, social unrest or other causes.

16: Assumption of Risk and Exemption from Liability

• Fertur Perú Travel SAC will not accept liability for any damages arising from the Client’s failure to accept the authority and decisions of Fertur Perú Travel SAC employees, tour leaders, and agents while traveling with Fertur Perú Travel.

• The Client who books an adventure tour, including, but not limited to, trekking, camping, rafting, rock climbing, mountaineering, horseback riding, boating, etc., accepts that participation in such activities involves an inherent element of risk and personal risk. The Client releases Fertur Perú Travel SAC from legal liability in the event of an accident. Before embarking on these trips, the Client may be presented with a standard waiver of liability. The Client agrees that refusal to read and sign this form will be considered grounds for denial of delivery of the contracted adventure tour service without refund.

• Fertur Perú Travel will not be responsible for any loss, theft or forgetting of tickets and/or vouchers for services, admission and/or transportation once they have been delivered to the Client.

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Valid for all reservations made from December 11, 2024

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