TERMS AND CONDITIONS
POLICIES, TERMS AND CONDITIONS OF SERVICE
Andes Path Peru appreciates you choosing us. We’re committed to making your trip an unforgettable experience.
To ensure a smooth and positive relationship between Andes Path Peru and you, it’s essential that you understand and agree to the policies, terms, and conditions governing our services. Please read each section carefully.
I. ABOUT OUR OPERATION
Andes Path Peru operates solely as an intermediary agent for travelers. Our role is to arrange services provided by various independent entities, including airlines, bus and train operators, general transport providers, hotels, and other tour operators.
Andes Path Peru has no direct control over these companies. Therefore, in all travel arrangements, we act on behalf of our clients to organize transportation, accommodation, and other necessary tourist services. We do not assume responsibility for accidents, losses, damages, delays, inconveniences, or any other irregularities caused by vehicle defects, omissions, carelessness, or negligence of any company or individual hired to fulfill any part of the offered service. This also extends to situations resulting from vandalism, strikes, wars, government actions, adverse weather, or any other factors leading to additional expenses due to delays, itinerary changes, or other causes.
Andes Path Peru reserves the right to accept or decline any reservation request, or to cancel or modify a tour package if circumstances warrant. By requesting any service from our company, you are implicitly agreeing to these conditions.
Andes Path Peru is committed to informing and advising clients about their booking conditions and general obligations for optimal use of contracted services. All information regarding validity, conditions, rates, charges, mandatory payments, preventive health measures for the destination, and assistance services is provided through our advisors and published on our website.
II. THE REALITY OF TRAVELING TO CUSCO AND SOUTHERN PERU
Traveling to Cusco and Southern Peru demands patience, flexibility, empathy, a good sense of humor, and adaptability to sudden climatic changes that may occur during your stay (force majeure situations).
III. CONCERNING FORCE MAJEURE EVENTS
These are situations or events that, despite our best efforts, we cannot foresee or prevent. This includes events like wars or threats of war, riots, civil unrest, labor disputes, illnesses, disasters, adverse weather conditions, fires, or any similar events beyond our control.
By booking any of our adventure excursions (e.g., Rainbow Mountain – Vinicunca, Humantay Lagoon, Inca Trail, Salkantay, Ausangate, Choquequirao, Inca Jungle, Lares) and/or traditional tours, you acknowledge and accept the inherent risks of such journeys. Andes Path Peru will not be liable for events that may occur during the tour due to the tourist’s negligence or circumstances beyond our reach and control.
Our tour packages are carefully planned and detailed before client approval. However, these can be modified without prior notice due to unforeseen circumstances such as natural disasters or force majeure (strikes, protests, work stoppages, etc.). We will ensure that any such modification does not jeopardize the integrity and safety of our passengers, as mandated by Law 29408, the General Tourism Law in Peru.
Andes Path Peru will not be held responsible for such events and reserves the right to modify, postpone, or even cancel a trip (this being the last resort after agreement and presentation of a coherent report on force majeure events to our clients).
IV. REGARDING CONFIRMED RESERVATIONS
Once any of our tours are confirmed, reconfirmation requires a 50% deposit of the total tour cost, payable in local currency or US Dollars as per the provided quote. This payment can be made via any of our accepted payment methods. The remaining 50% must be paid a maximum of 24 hours prior to the tour’s start at our offices or your hotel. Failure to make this final payment grants Andes Path Peru the right to cancel the tour without prior notice and pursue damages with the relevant authorities, in accordance with Articles 1331 and 1341 of the Peruvian Civil Code. Please note that transaction costs are covered by the client and are not included in our tour prices.
V. REGARDING THE EXCHANGE RATE
Andes Path Peru’ exchange rate policy is as follows:
From US Dollars to Peruvian Soles: If paying in Soles, the exchange rate will be 1 US Dollar = 4.00 Peruvian Soles (as of February 2017).
From Euros to Peruvian Soles or US Dollars: If paying in Euros, the exchange rate will be 1 Euro = 3.00 Peruvian Soles or 1 Euro = 1.2 US Dollars.
Please note that the stated exchange rates are subject to increase or depreciation for each currency type.
Andes Path Peru accepts the remaining balance via various payment methods, considering the rates and commissions charged by each payment provider. We reserve the right to cancel the tour if payment isn’t made by the established date or if a delay in arrival in Cusco hasn’t been communicated in advance.
VI. REGARDING DOCUMENTATION
Andes Path Peru will reconfirm your reservations by providing clients with a Contract detailing the agreed-upon services, fully supporting your chosen programs. Furthermore, Andes Path Peru is registered with the National Tax Superintendency and is obligated to issue accounting documents for the total tax considered in the Tourism Sector. By accepting this, the tourist acknowledges satisfaction of consumer needs, according to their budget and the contracted rate.
It is mandatory to possess a valid identity document (national ID, passport, or visa if required) before the tour begins. Failure to do so grants Andes Path Peru the right to cancel the tour, and we will not be responsible for any payments previously made by the tourist. (In cases of tourist negligence, they will be responsible for expenses incurred due to reservation modifications or alterations).
It’s crucial to provide all required personal data for reservations (Full Name, ID/Passport Number, Nationality, Age, Gender, etc.). When submitting your personal data, your passport or ID number must be valid, as Peruvian authorities regulating access to major tourist attractions are very strict about entry control.
University cards (Sunedu) or ISIC International Student Cards (if applicable) must also be valid and presented at the time of booking (after sending a scanned copy via email) and at the start of each tour, along with the original ID (DNI or passport) used for the reservation.
VII. CONCERNING LOSS OF BELONGINGS
During your tour or excursion, Andes Path Peru will not be responsible for the loss, theft, or damage to your belongings or luggage. To prevent this, we urge you to remain vigilant and attentive to all your possessions during excursions offered by our company. Accommodations assigned by our company operate independently of our travel agency. Therefore, we advise declaring any valuables upon check-in and safeguarding them at all times.
VIII. REGARDING CANCELLATIONS, RETURNS & REFUNDS
Individual and Group Passengers
For visits to Machu Picchu (Huayna Picchu and Mountain) and the Traditional Inca Trail: Once the excursion is confirmed with the 50% deposit, no refunds or reimbursements will be provided due to the strict booking requirements and quota demands for these excursions.
For other traditional and adventure tours:
If a cancellation request is received up to 90 days before the passenger’s tour start date, the refund will be subject to a 15% penalty for administrative expenses, in addition to financial costs associated with flight tickets, bank transfers, credit card commissions, and any other return-related expenses.
If a cancellation request is received up to 35 days before the passenger’s tour start date, the refund will be subject to a 35% cancellation fee, in addition to financial costs associated with flight tickets, bank transfers, credit card commissions, and any other return-related expenses.
If a cancellation is received between 20 and 35 days before the passenger’s tour start date, a 100% cancellation fee will apply, in addition to financial costs associated with flight tickets, bank transfers, credit card commissions, and any other return-related expenses.
Similarly, no refunds or reimbursements will be granted for a tourist’s absence from a tour, missed flights due to passenger delays, or cancellation during the trip. There are no refunds or reimbursements for unused portions of tour packages or stays.
For cancellations of tourist packages that include already issued hotel, bus, and/or train services, no refunds or reimbursements will be granted for these services.
Certain services may be interrupted or canceled due to weather conditions, force majeure, disturbances, etc., or other factors beyond the control of hotels, airlines, suppliers, or Andes Path Peru itself. No refunds or reimbursements will be granted as a result of these interruptions or cancellations beyond our control.
During high season, our company reserves the right to alter cancellation policies if our suppliers impose different penalties than those listed above, in accordance with Article 1277 of the current Peruvian Civil Code.
IX. CONCERNING PICK-UP
The pick-up time will be specified in your program. The tourist must be ready and waiting in the hotel lobby. If you are not ready at the established time, Andes Path Peru will not be responsible for delays and/or abandonment by transport, as this is a scheduled service.
If a tourist is intoxicated, Andes Path Peru reserves the right to cancel the service without a refund.
X. CONCERNING HOTELS
While Andes Path Peru prioritizes reconfirming accommodation reservations via a signed contract, we reserve the right to substitute hotels of the same category within our tour packages if availability requires it. This will be communicated to the passenger before their arrival, as Andes Path Peru is subject to hotel availability in Peru, in accordance with Article 1277 of the current Peruvian Civil Code.
XI. REGARDING ADVENTURE TOURS WITHOUT CAMPING
As adventure tours often take place in remote areas with limited tourist infrastructure, Andes Path Peru will provide 1 to 4 nights of basic accommodation depending on the chosen excursion type and required accommodations. Passengers must manage their time effectively, considering the needs of other expedition members, unless the tour is private. Passengers are expected to follow the accommodation arrangements as indicated by the guide.
XII. CONCERNING THE INCA TRAIL
The Inca Trail falls under the Adventure Tourism category and is subject to government restrictions for its maintenance and protection. Therefore, the following conditions apply:
Reservations are made after checking space availability for your desired start date.
The Inca Trail entrance ticket, which includes access to Machu Picchu, is personal and non-transferable, valid only on the scheduled dates. To use it, you must present the ticket along with your passport and/or personal identification. An updated ISIC card is also required if you are eligible for a student discount.
Cancellations are accepted but do not result in monetary refunds (according to government regulations). Cancellations can be communicated via phone, email, or directly at our office. Upon your request, the company can only enable your entrance to Machu Picchu for the scheduled arrival day and provide your return train ticket on the initially scheduled date. This also applies if the tourist is absent at the start of the service.
XIII. CONDITIONS DURING THE HIKE
Hikes will take place on the scheduled dates and times.
Andes Path Peru is not responsible for delays or program variations of any kind that may occur during hikes due to climatic factors, landslides, strikes, protests, or other events that alter the program itinerary or established times.
Andes Path Peru will provide information on weather conditions, walking times, and altitude levels before each traditional or adventure tour, considering each passenger’s continuity during the tour.
Andean Tours will not be responsible for damages, accidents, or illnesses that may arise if the hike is replaced by transport or mechanical/non-mechanical means of transport rented directly by the tourist.
XIV. REGARDING MODIFICATIONS
The company reserves the right to modify any facilities, services, or prices described on the website. If a change occurs, the client will be informed at the time of booking or when the change is made. While Andes Path Peru strives to conduct each tour as planned, itinerary changes may be made when deemed necessary or convenient by the company due to external factors beyond our responsibility, always prioritizing the tourist’s well-being, in accordance with Article 1277 of the current Peruvian Civil Code.
XV. CLIENT RESPONSIBILITY
Andes Path Peru is NOT responsible for, nor does it assume any obligation for accidents, damages, illnesses, death, or delays that may occur during the trip. This includes hostile actions towards other participants, and we do not assume responsibility for force majeure events, strikes, weather conditions, earthquakes, political situations, etc., that lead to cancellations, changes, or delays. The client assumes all extra expenses caused by such situations.
Similarly, Andes Path Peru is not responsible for missed flights, accommodations, or travel due to the aforementioned factors.
The agency reserves the right to cancel or modify the scheduled itinerary when it believes doing so will improve service delivery and/or ensure traveler safety.
It is the passenger’s responsibility to have the appropriate documentation: passports, visas, travel insurance, vaccinations, vouchers, etc. Andes Path Peru will not be responsible for delays or expenses due to inappropriate, expired, or missing travel documents.
XVI. ABOUT LOCAL OR SOCIAL TRAIN TICKETS
Andes Path Peru, with the sole purpose of promoting domestic tourism, offers promotional packages for local or national tourists to visit Machu Picchu – Wonder of the World via local or social train transport.
The local or Social Train to Machu Picchu, operated by Peru Rail, is primarily for residents of the areas surrounding the Wonder of the World. However, to support national tourists, a limited number of seats are made available daily.
The sale of Local Train tickets is primarily handled in person at offices in Cusco. If availability isn’t found there, available seats in wagons assigned to residents may be sold up to two hours before train departure at each station. As a last resort, tickets can sometimes be purchased manually at the station door thirty minutes before departure, but a seat is not guaranteed, and the trip may require standing (intermediate).
Considering these points, while we strive to ensure every tourist’s journey, travel comfort (seated or standing) and departure times will depend on availability, booking anticipation, and the high demand for passengers each day.
XVII. OUR RESPONSIBILITIES
Andes Path Peru commits to providing services according to our tourists’ requirements and ensuring their quality. At all times, Andes Path Peru will provide a service of quality or higher quality in accordance with the requirements established in Article 28 of the regulations of the General Tourism Law No. 29408.
Reservations are accepted after acknowledging the potential risks inherent in the traditional and adventure tours listed in our programs. It’s also important to understand that even the most meticulous organization can be affected by factors beyond our control.
The company commits to providing its services with due diligence. To ensure your entire trip runs smoothly, we will do our best to serve you optimally.
To meet our clients’ needs, Andes Path Peru is registered with all Peruvian government institutions required for tourism sector operations. We also maintain a Claims Book, as required by Indecopi, for documenting and investigating incidents.
XVIII. REGARDING MINORS
In all programs, unless otherwise indicated, the maximum age considered a minor is 17 years and 11 months. Therefore, service costs and payments will detail differentiated costs for minors, escalating by age, on the last page of the document.
Should a minor wish to travel without their parents, the parents must provide a notarized Power of Attorney letter authorizing an adult to travel with their minor child. This document is crucial and must be carried throughout the trip, with the attorney assuming responsibility for its transportation.
XIX. REGARDING TRAVEL INSURANCE
Before embarking on any trip, we strongly recommend obtaining advice from one of our agents or, in particular, purchasing travel insurance that covers accidents, flight delays or cancellations, medical expenses, emergency repatriation, and even air rescue or air ambulance.
We also recommend that your insurance includes coverage for tour cancellations and lost luggage. You may send us a scanned copy of your policy via email or provide a copy to a trusted family member or friend.
LEGAL BASIS
To ensure this contract is fully compliant for all parties and to grant the passenger complete legal security during their stay in Cusco – Peru, we adhere to all required legal provisions by our legislation:
Political Constitution of Peru of 1993
Law 29408 General Tourism Law
Current Peruvian Civil Code of 1984
VERY IMPORTANT:
We strongly suggest acclimatizing or staying at high altitude for an average of 2 or 3 days before embarking on your tour. To minimize potential altitude sickness, you can also help your body acclimate by drinking plenty of fluids, adding a little more sugar to your drinks, eating carbohydrate-rich foods, avoiding tobacco and alcohol, and drinking coca tea (an ancient and traditional leaf).
It is recommended that you report any allergies, illnesses, passenger conditions, individual characteristics, and food preferences. Please consult your doctor for any additional medication prescriptions.
By confirming your reservation, you fully accept our policies, terms, and conditions.
THE MANAGEMENT.
