Terms and Conditions
By using our platform (www.peruvianshades.com), it is understood that the client (s), from now on known as Passengers, are persons of legal age with the ability to sign contracts and contract binding obligations with respect to any liability that occurs due to the use made of this platform and accept the terms and conditions of tourism services, from now on Experiences, offered by the tour Operator Peruvian Shades EIRL, from now on Peruvian Shades, identified with RUC 20544226011, and domiciled in the constitutional province of Callao, these Experiences can be operated directly by Peruvian Shades as well as by its suppliers.
I. PLATFORM CONTENT
- Our platform shows content related to the Experiences operated or mediated by Peruvian Shades.
- The Experiences offered on our page are divided into:
Excursions: They are Experiences of a maximum of one day, do not include accommodation, these may have fixed departure dates and are in shared service (a
mobility with other passengers), they have a pick-up and return point. These Experiences, depending on their duration, can be classified into Full day, Half days and Express Excursion.
Packages: They are Experiences from one night’s accommodation, include accommodation and different excursions offered during your visit. - Each Experience has detailed information such as availability calendar, itinerary, inclusions, exclusions and notes on the conditions of each Experience.
- Peruvian Shades has a Blog in which it shares relevant information about the destinations offered, travel tips and much more information that contribute to the decision of the Passengers.
- In the Promotions tab of our page you can find Experiences that have special discounts for a limited time, in which you can also find detailed information about what it includes, its exclusions and conditions.
- Each Experience has a booking and payment button, because some of our operators have availability and rate variations continuously, you must wait for Peruvian Shades to respond to the purchase and in accordance with availability.
- All users of our page will be able to find our contact information, such as telephone numbers, emails, address, social networks and a WhatsApp button so that you can communicate with us within the service hours established by Peruvian Shades.
- Passengers may make their reservation and their payment through our page, we have a payment gateway with security measures to protect your purchase.
- All the information contained in the web page www.peruvianshades.com belongs to Peruvian Shades or to third parties, from whom it has authorization, the Passenger cannot use this information and / or platform for commercial, illegal and other uses that go against the conditions and terms thereof, as well as the use of robots, malicious software, aggressive, lewd, discriminatory comments and any other illegal use that offends the Passengers and / or Peruvian Shades.
II. RESERVATION, CHANGES AND CANCELLATIONS
The Experiences mentioned on our page indicate, within the details thereof, the minimum reservation time, inclusions, exclusions and Notes where the characteristics of each Experience operated or offered by Peruvian Shades are indicated.
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Purchase And Reservation Process:
To make the reservation you must follow the following steps:
- Passengers who wish to purchase services through our page must choose the Experience and the dates on which they wish to do it, in the case of Packages, additionally, they must choose the category of the hotel and the type of accommodation (single, double and triple ) and the number of adult Peruvian and / or foreign passengers, as well as children (considered from 3 to 11 years old), in this case they can choose more than one type of room depending on the number of Passengers in the reservation.
- Once the dates, category, type of room have been chosen, as the case may be, the total amount to be paid for the reservation will appear, the rates already include the legal taxes in the case of Peruvians and the corresponding exemptions in the case of foreigners.
- You will go to the payment window and must follow the instructions indicated in it, once the payment has been made, you will receive a pre-reservation code and a form where you must indicate the data of each of the Passengers who will be part of the experience, which must respond and send it within 24 hours of receiving the code and the form.
- To complete the reservation, you must wait for Peruvian Shades to confirm the availability of the services during the dates requested by the Passenger, Peruvian Shades will confirm within 24 hours of the purchase.
- In case the Passenger does not comply with sending their data within the indicated period, the availability of the Experiences would be subject to availability and variation, since the data requested is to make the purchase of the transport tickets and tourist income mentioned in the Experiences, which, not being handled directly by Peruvian Shades, may vary their availability during the day.
- In case Peruvian Shades cannot reconfirm the reservation within the agreed terms due to the little or no availability of the Experience, other dates may be offered that better suit your requirements, maintaining the characteristics of the Experience offered, both in price and in season.
- If an agreement is not reached, it will be possible to change for another Experience that covers the same amount and in case it exceeds what was paid, the Passenger must pay the difference. On the other hand, the Passenger may request a refund of 100% of the amount paid.
Note: The availability represented in the Platform’s calendar is referential and may be out of date, therefore, it is possible to make a reservation without availability. To the extent that there is no confirmation of the reservation by Peruvian Shades of the corresponding Experience, the Passenger is recommended not to make any reservation of means of transport and specific, special, or necessary accommodation for the Service. Peruvian Shades does not assume any responsibility for the organization of the Passengers. The Final Passenger must meet all the requirements to be able to use the Service and wait for confirmation of availability by Peruvian Shades by email.
Reservas para Machu Picchu: These reservations are subject to availability since train tickets and entrance schedules to Machu Picchu are limited. Therefore, with a reservation for a tour to Machu Picchu, be it a full day, a tour with an overnight stay in Aguas Calientes or a package with other excursions, the final itinerary will be confirmed until Peruvian Shades can do the reserves and corresponding emissions successfully. The availability of the tickets is not under the control and responsibility of Peruvian Shades. The delays that there may be to take the bus
up to Machu Picchu or down to Aguas Calientes, and also when entering the Citadel of Machu Picchu is beyond the control of Peruvian Shades since this does not depend on Peruvian Shades but on the number of passengers in the queue, of the season, delays or delays that may occur fortuitously. Peruvian Shades will always look for the best alternatives for the Passenger, ensuring that the experience meets the highest expectations.
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Changes In Reservations Made
a. By The Passenger
- Any change that the Passenger wishes to make in the Excursions will be subject to administrative expenses by Peruvian Shades and its operators, as well as to price differences in the services, these changes must be requested by email, indicating the modifications required and Peruvian Shades will have a period of 48 hours to send the expenses generated by changes and confirm the availability, before this, the Passenger must respond accepting the new quote and a payment link will be sent with a validity of 24 hours, in case they do not make payment within this period, said quote is subject to changes in availability and rate.
- In the case of Machu Picchu reservations, after the tickets (train, entrance tickets, bus) have been purchased by Peruvian Shades, changes can only be made in the event that the Passenger contacts Peruvian Shades by email , indicating the desired changes and accepting the related costs (third party costs and administrative costs). Regarding the
exchange inquiry sent by the Passenger by email, Peruvian Shades will verify the availability, feasibility and any additional fees that the Passenger must pay to make this change possible. In addition to the fees charged by third parties responsible for tickets related to the Machu Picchu tour, Peruvian Shades will charge the fare difference that results from the change in schedule or train service that are indicated by the providers of these services. When the Passenger agrees within 24 hours after Peruvian Shades has sent the change proposal by email, Peruvian Shades will send a payment link to be paid by the Final Passenger within those 24 hours and Peruvian Shades will make the Changes within for the next 48 hours. When the change has been made, Peruvian Shades will share with the Passenger an updated summary of the reservation that contains the new times and / or dates of the tour.
b. By Peruvian Shades
- Peruvian Shades can modify the itineraries of the Experiences, modifying the order or the schedules of what is offered whenever it deems it convenient, either to avoid being affected by rain, traffic, among others, said changes will be sent to the Passenger before the start of operations.
- Peruvian Shades makes these decisions whenever necessary to provide the offered Experiences, it should be noted that these changes are for the benefit of the Passengers to improve their experience.
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Cancellation Of Reservations
a. On The Part Of The Passengers:
- In case the Passenger decides to cancel the Experiences booked with us, he or she may request a refund discounting penalties and administrative expenses, receiving the following percentages:
Up to 30 days before the Experience Refund 90%
From 29 to 20 days before the Experience Refund 70%
From 19 to 10 days before the Experience Refund 50%
From 09 to 05 days before the Experience Refund 25%
From 05 to 01 day before the Experience Refund 15%
The same day of the No Show Experience No Show – Refund 0% - The refunds mentioned in the previous point have a term of up to 20 business days, Peruvian Shades will not assume the costs for bank transfers or money transfers by any means.
- If the cancellation is due to serious illness or injury prior to the Experience, the passenger must send us the request attaching their medical certificate, with which they will be given the option to reschedule on any date that meets the characteristics of the Experience acquired (season , number of nights, hotel categories, etc.), you can also generate a voucher for the value of the service minus the expenses that have been incurred and are not refundable, such as entrance tickets to tourist attractions, so that you can acquire another experience for another destination and date, this voucher can be endorsed to other passengers so that they can acquire our experiences, in this case, within the value of the voucher costs will be included by endorsement if generated, these new passengers will have to pay the difference rate if there is one.
- If the cancellation due to serious illness or injury occurs when the experience is alreadybeing provided, the refund can be calculated by discounting the amount of activities used in the itinerary, operating expenses, administrative expenses and other non- refundable expenses such as entrance tickets to tourist attractions, etc.
b. By Peruvian Shades:
- Since many Experiences have a minimum number of participants, Peruvian Shades reserves the right to cancel and grant a full refund to the Passenger in the event that another participant cancels their Experience and the minimum number of participants is not met for the Service to take place. Last minute cancellation (the day before the Service) by Peruvian Shades applies if only 1 participant remains for the remaining Service. The remaining Passenger will be contacted in the afternoon of the previous day, in the event that no one else has signed up to meet the minimum number of participants required. Peruvian Shades will offer the option to refund the full payment, postpone the tour to another date in which the minimum number has already been reached, or upgrade to a private solo tour in which the remaining Passenger must pay the difference of “group “- to” private only “-tour.
- In the case of an emergency during the Experience, in which the guide has to apply the emergency protocol, Passengers do not have the right to request any refund or compensation from Peruvian Shades or supplier, even if the reserved experience cannot be fulfilled. This is due to the security and protection standards in favor of the well-being of each Passenger.
- Any representative of Peruvian Shades, whether it is a guide, driver, supplier or other, has the right to refuse the participation of the Passenger or one of the other participants who join the Passenger if the safety and health of this person are at risk. The Passenger, as well as any participant involved or affected, have no right to claim a refund from Peruvian Shades or its representatives. This decision made by the representative of Peruvian Shades or by Peruvian Shades is made in the best interest and for the safety of the affected person (s) and must be accepted without complaint.
- For trekking, adventure and other related services operated by Peruvian Shades or its suppliers, when reserving all participating passengers must complete and sign an affidavit before starting the service. This is communicated in the confirmation email that the passenger receives after submitting all the personal information requested inthe pre-confirmation email. In the event that the passenger does not sign the affidavit correctly, the agency has the right to cancel the participation of that specific passenger; likewise the affected passenger does not have the right to a refund or penalty in their favor.
III. CONDITIONS OF CONTRACTING THE EXPERIENCES
- Peruvian Shades communicates and the Passenger declares and accepts that Peruvian Shades has no obligation or responsibility for the chosen Experiences, after the corresponding confirmation code has been issued and received by the Passenger. Peruvian Shades will limit itself to providing the exact itinerary published on the platform, except for the cases explained in changes by Peruvian Shades.
- Peruvian Shades does not assume nor will it assume any responsibility for damages as a consequence of the products or services (including photos of the activities) that the Supplier sells and that are promoted and paid through the Platform or in cash to the Supplier. The Provider is solely and exclusively responsible for the quality of the Service and for any damage that occurs as a result of it.
- Certain Services may not be suitable for all individuals due to restrictions imposed by mobility limitations, physical or cognitive disability, pregnancy, or other physical or mental conditions. It is the Passenger’s responsibility to evaluate the risks and requirements of each Experience in terms of the limitations, the physical and mental condition of each Passenger, and any medical requirements or problems of said Passenger.
- In the event that Minors Passengers (less than 18 years old) participate in the Experiences, they will be in charge of their parents, guardians or representatives, duly identified as such, they will be responsible for the behavior and well-being of all Passengers under your position in said reservation, and you expressly accept these Terms on your behalf, including all assumptions of risk and limitations of liability contained in this document. Each adult on a reservation with any minor Passenger assumes full responsibility for supervising and monitoring such minor Passenger. Peruvian Shades does not provide care services for Minor Passengers and Peruvian Shades, and their representatives are not responsible for the supervision and control of Minor Passengers.
- A Passenger can make the purchase for himself or other Passengers who are going to enjoy the Experiences offered, thereby guaranteeing Peruvian Shades that:
- The Passenger who makes the reservation has all the necessary consents and authority to make said reservation on behalf of all the other participants named in the reservation, and has communicated all the necessary information to the other Passengers so that they can grant a free and fully informed authorization to do it.
- The information they provide regarding all Passengers is complete and accurate.
- The Passenger who makes the reservation will inform all other Passengers named about the pertinent reservation of the applicability of these Terms and conditions of the Experiences offered by Peruvian Shades.
- The next step is to confirm the Terms and Conditions and continue with the payment process. The Passenger must indicate personal information and continue with the selection of the payment method. After having selected the payment method, the Passenger will be asked to pay for the reservation according to the chosen payment method. Peruvian Shades is not responsible for any personal data issues or charges as a result of errors in the payment gateway for the chosen payment method.
- Once the Passenger has paid the corresponding rate for the chosen Experience, a price that includes the legal taxes for Peruvians and exonerates foreigners, as appropriate, the Passenger will receive a prior confirmation email with the Experience code, likewise we will be requesting you by email additional information such as your scanned identity document, food allergies, etc. The Passenger is fully responsible for the accuracy of the information to be shared with Peruvian Shades. Peruvian Shades is not obliged to notify the Passenger with additional reminders, along with the prior confirmation email, to send the information on time. In the event that the information has not been shared on the same day of purchase or if the Passenger did not inform Peruvian Shades by responding to the prior confirmation email that the information will be sent soon, the reservation is not confirmed and is exposed to risk unavailability and additional costs. In addition, this reservation does not have any right of reimbursement against Peruvian Shades in favor of the Passenger, who is responsible for any additional penalty, charge or fee that occurs due to the delay in sharing the information required by Peruvian Shades. This applies to information shared by the Passenger that is not complete, since Peruvian Shades cannot guarantee that it is free of errors, this is the responsibility of each Passenger. Peruvian Shades can process and confirm the reservation when all the required information has been fully received (in case it contains errors, it is the responsibility of each Passenger as indicated above). In the event that the Passenger does not agree to cover the additional costs that occurred due to the Passenger’s delay in sending the complete information, Peruvian Shades may cancel the reservation at any time. In this case, Peruvian Shades has the right to claim 10% of the final price as administrative costs. In the event that a refund is made due to this cancellation, the Passenger will cover any bank or transfer charges, as they are responsible for the cancellation due to not sharing the required information on time. When Peruvian Shades has received all the required information and confirmed the reservation in an additional response on their part, mentioning the “Reservation Confirmation” (Peruvian Shades has 24 hours to respond to the Passenger’s email and is not responsible for any cancellation or problem availability), the Passenger and all participants included in the reservation have the right to make use of the Experience (s) on the chosen date (s).
- The Passenger must provide the requested information at least 24 hours before the start of the Service (there are exceptions for Experiences in which Peruvian Shades or the Provider have to organize, buy or reserve third party services, such as train tickets, tourist tickets, places of interest or others, hotels and more, and needs the information requested by the Passenger directly after the online reservation has been made). In the event that the Passenger does not provide the requested information to Peruvian Shades directly after booking the Service or inform Peruvian Shades that the information will be sent within the next 3 days (the start of the Service itself cannot be within those 3 days), neither Peruvian Shades nor the Supplier are responsible in case there is no more availability for the chosen Experience. In this case, the Passenger has the right to cancel the reservation, but has to accept an administrative charge of 10% that will be deducted from his payment.
- The content and information of the Experience (for example, the exclusion criteria, the minimum number of participants, dates, recommendations, etc.) can be found in the detail, itinerary, inclusions, exclusions and notes of each particular Experience on the Platform. Peruvian Shades publishes its own information and the information provided by the Service Provider and it is the Passenger’s obligation to be informed about the Service. Peruvian Shades and / or the Provider may refuse to carry out the Experience if the Passenger does not meet the requirements detailed in the Platform for each Service. In the event that the Passenger does not comply with the requirements that have been communicated prior to the purchase of the Experience, the Passenger will not be entitled to any refund. On the contrary, if the Supplier rejects the Passenger’s participation in an excursion due to a requirement that was not communicated by Peruvian Shades prior to the purchase of the Experience, the Passenger will receive a full refund made by Peruvian Shades on that excursion in specific part of the Experience. The Supplier will cover any administrative and banking costs and / or transfers that occur during the reimbursement process and will receive a warning that may end in the termination of the collaboration. Likewise, Peruvian Shades can propose the realization of another similar activity that belongs to the reserved Experience at no additional cost.
- When the Passenger damages the equipment provided by Peruvian Shades or its operators during the Service, the Passenger agrees to cover the costs of repair or replacement of damaged or broken equipment, such as trekking poles, tents and more. This compensation can be made through cash payment the same day or online through our means of payments (the Passenger will have to cover the transfer costs) to the Peruvian Shades bank account.
- Regarding the excursions in shared, sic or pool they have a range of pick-up hours that the client is previously informed, the waiting time by the operator is maximum 5 minutes since the pick-up must be fulfilled in the schedule range of all the passengers who are waiting, if the passenger does not show up within the estimated period (5 minutes), the Passenger automatically loses the experience without the right to claim, being considered 100% no show.
- The Passenger and all other participants confirm that they participate in the Experience booked on our platform by their own will and initiative.
- The Passenger agrees to follow each and every one of the instructions of Peruvian Shades or the guide or supplier before, during and after the Experience. In the event of non compliance with any of them, the Passenger declares that he does so under his full responsibility and fully assumes the consequences that this may entail. The Passenger publishes, indemnifies and defends the guide, Peruvian Shades EIRL, including its staff and any third party that may be directly or indirectly affected by their actions. If the Experience is affected by not following the instructions of Peruvian Shades, suppliers, guides and other personnel in charge, the passenger will not have the right to claim or refund.
- The Passenger accepts that he / she has been duly informed about the risks involved in participating in each excursion, as well as the need to observe and respect the safety rules for participation.
- The Passenger accepts that he / she meets the physical needs and the requirements for participation in the activity and is totally healthy. He / she also assumes the risks of participating in the Service. Therefore, he / she fully releases and waives any claim for compensation against Peruvian Shades, its representatives and employees, and all those involved in any claim for death or accident, injury or permanent damage of any kind arising before, during and after the Passenger’s voluntary participation in the Experience.
- The Passenger accepts that he is informed that, according to articles 1970 and 1972 of the Peruvian Civil Code, any damage to his person caused by his own recklessness or that of third parties, or by acts contrary to safety regulations, acts of God or Force majeure will not be the responsibility of Peruvian Shades or of any person related to Peruvian Shades or its suppliers.
- The Passenger assumes all responsibility for any present or future damage that he may suffer as a result of the reserved Experience, the use of the facilities or his participation in it. Therefore, the Passenger acknowledges that it is mandatory that all participants need travel insurance. Peruvian Shades recommends an assistance or insurance card with a minimum repatriation, evacuation and medical coverage of US $ 250,000 for the entire stay in Peru (it may vary depending on the length of your stay). In addition, it is recommended to extend the coverage of this travel insurance to include cancellation, reduction, as well as all other expenses that may arise as a result of loss, damage, injury, delay, force majeure or inconvenience that occurs in any case during the stay and time with Peruvian Shades. The Passenger can consult Peruvian Shades about the assistance card options in case they do not have it. When contracting an assistance card or travel insurance, it is the Passenger’s obligation and responsibility to ensure that the insurer is aware of the type of trip to be made, the risks mentioned above and to cover them completely. In the event that the Passenger or any other participant does not have insurance to cover the points mentioned above, or an insurance that only partially covers the losses and costs that may arise, it is their responsibility to cover those who are not responsible for Peruvian Shades for any cost. In addition, the Passenger will pay their own expenses related to medical assistance and all medical expenses subsequent to her participation in these Experiences (s), for any illness, accident or injury related to it.
- The Passenger also authorizes Peruvian Shades to provide, through medical personnel, emergency medical treatment and transportation to the appropriate health center. This authorization does not mean an obligation of Peruvian Shades or its providers to provide such medical services. All costs related to any medical treatment will be covered and / or reimbursed by the Passenger. Certain services may be related to remote or less developed regions, where medical facilities may not meet the standards of those found in the Passenger’s country of origin. The condition of medical facilities in the countries in which Peruvian Shades or its suppliers operate varies and Peruvian Shades or its suppliers make no representations and no guarantees regarding the standard of such facilities or medical treatment in those regions.
- Peruvian Shades is not responsible for any damage, expense, loss or claim that is attributable to the responsibility of any Passenger, the unforeseeable or unavoidable act or omission of a third party unrelated to the provision of any service that is part of the (s ) Experience (s), or a force majeure event (as defined herein). Peruvian Shades or its suppliers will not have any responsibility for the loss, theft or damage to the luggage or personal effects of the Passengers while participating in an Experience. Passengers must not leave their personal belongings unattended in public areas, on board any means of transport or in any other place, and are responsible at all times for their own effects and belongings. Peruvian Shades cannot accept responsibility and in no case will it be responsible for the loss or damage of valuables or other belongings left in or in the facilities used by Peruvian Shades, such as hotels, family accommodations, boats, vehicles or any other conveyance. In the event that any loss, death, injury or illness is caused by negligent acts and / or omissions of Peruvian Shades or third party providers of any service that is part of the Contract, Peruvian Shades limits its liability, when applicable for all applicable international conventions. Notwithstanding anything to the contrary in other parts of these Terms, Peruvian Shades will not be liable in any case to Passengers for any anticipated loss or loss of benefits, loss of enjoyment, loss of income, 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 that do not involve personal injury, death or illness or that are not subject to the Conventions mentioned above, any liability that Peruvian Shades may incur due to negligent acts and / or omissions of its suppliers will be limited to a maximum of the price that the Passenger paid. for the Experience (s), not including insurance premiums and administration fees. If this is related to the loss and / or damage to luggage and / or other personal possessions, Peruvian Shades’ liability will not exceed $ 450. Peruvian Shades will not be responsible at any time for any loss or damage to valuables of any nature. The Passenger accepts that he will not be able to seek recovery against Peruvian Shades and its suppliers, contractors or other third parties.
- Peruvian Shades is not responsible for any damage, expense, loss or claim that is attributable to the responsibility of any Passenger, the unforeseeable or unavoidable act or omission of a third party unrelated to the provision of any service that is part of the (s ) Experience (s), or a force majeure event (as defined herein). Peruvian Shades or its suppliers will not have any responsibility for the loss, theft or damage to the luggage or personal effects of the Passengers while participating in an Experience. Passengers must not leave their personal belongings unattended in public areas, on board any means of transport or in any other place, and are responsible at all times for their own effects and belongings. Peruvian Shades cannot accept responsibility and in no case will it be responsible for the loss or damage of valuables or other belongings left in or in the facilities used by Peruvian Shades, such as hotels, family accommodations, boats, vehicles or any other conveyance. In the event that any loss, death, injury or illness is caused by negligent acts and / or omissions of Peruvian Shades or third party providers of any service that is part of the Contract, Peruvian Shades limits its liability, when applicable for all applicable international conventions. Notwithstanding anything to the contrary in other parts of these Terms, Peruvian Shades will not be liable in any case to Passengers for any anticipated loss or loss of benefits, loss of enjoyment, loss of income, 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 that do not involve personal injury, death or illness or that are not subject to the Conventions mentioned above, any liability that Peruvian Shades may incur due to negligent acts and / or omissions of its suppliers will be limited to a maximum of the price that the Passenger paid. for the Experience (s), not including insurance premiums and administration fees. If this is related to the loss and / or damage to luggage and / or other personal possessions, Peruvian Shades’ liability will not exceed $ 450. Peruvian Shades will not be responsible at any time for any loss or damage to valuables of any nature. The Passenger accepts that he will not be able to seek recovery against Peruvian Shades and its suppliers, contractors or other third parties.
- The Passenger agrees to indemnify and exempt all liability of Peruvian Shades to its representatives, employees and third parties for any liability, against any type of claim arising from any damage caused to third parties by negligence, incident, accident or liability of the Passenger, violation of the safety rules, as well as for death or accident, injury or permanent damage of any kind presented before, during and after the Passenger’s participation in the Experience to be carried out. The Passenger declares and holds the aforementioned personsand entities innocent of any claim against them as a result of his actions during the experience.
- The Passenger formally authorizes Peruvian Shades to take photos and / or make recordings of him / her before, during and after the execution of the Experience to publish and promote this material in the media channels that Peruvian Shades deems appropriate, perpetual Worldwide.
IV. TRAVEL DOCUMENTS
The Passenger is responsible for carrying their identity document (DNI, passport, CE, etc.) in their possession during the entire Experience, as well as having the necessary documents to be able to move inside and outside our country (Visa, vaccines, insurance, etc). The Passenger accepts full responsibility for obtaining all these documents and certificates before the start of the Experience and is solely responsible for any adverse consequences resulting from missing or defective documentation. Peruvian Shades does not represent or guarantee the accuracy of any information or advice provided by Peruvian Shades regarding visas, vaccinations, weather, clothing, luggage, special equipment, etc. and the Passenger accepts that Peruvian Shades is not responsible for any errors or omissions in said information.
V. RATE
- The price of the Experiences detailed on the Platform is the final price and includes all the services detailed on the website of the particular Experience.
- The prices of the Experiences listed on the Platform do not include taxes for foreigners who travel less than 60 days within Peru since they are exempt from taxes by the Peruvian government. In order to benefit from this exemption, the Passenger must comply with and respect the requirements and consequences of tax exemption established in Peruvian Law. The passenger must send the photo of the TAM delivered when entering our country and it is the only valid document to apply the tax exemption, in case it is lost or not present, the Passenger must pay the exonerated tax.
- In case the Passenger requests to make an additional payment or pay the difference for a service in cash at the place of the Experience, he or she must deliver the exact money and with bills in good condition to the Peruvian Shades staff that has been designated and is at charge of your Experience, in case of finding a bill that is broken or in bad condition, you will be asked to change it, since Peruvian banks do not accept this type of bills in foreign currency. In case of not being able to cover the damaged bill with another, you can always make the payment using the Visa, Mastercard and American Express payment links that we make available to you.
VI. LOSS OF VOUCHERS, TICKETS AND / OR DOCUMENTATION
- In case of loss or theft of the entrance tickets to the tourist attractions by the Passenger, Peruvian Shades is not responsible and the Passenger must acquire a new entrance ticket, the same with any document that allows entry to any attraction or transportation.
- Once a new ticket has been issued, it falls under the responsibility of the Passenger.
- Transportation tickets, entrances to attractions and others will be delivered directly to the Passenger, upon arrival at their destination. Some air, land or river transportation tickets will be sent to your email.
VII. DESCRIPTION OF THE EXPERIENCE
- Peruvian Shades constantly updates the descriptions of the Experiences published on the Platform. However, the content of those descriptions and the availability of the Experiences themselves could vary without the knowledge of Peruvian Shades. It is the Supplier who has the responsibility of informing Peruvian Shades of any changes.
- All photographs and illustrations on the Platform are referential. The published photographs and illustrations are the property of the Suppliers or Peruvian Shades. Peruvian Shades does not assume any responsibility for the property rights of the photos or illustrations of the Supplier and it is the latter who is responsible for any claim, complaint or complaint from third parties.
- Peruvian Shades provides information about the Experience in terms of what it includes, duration, itinerary, recommendations, reservation and cancellation terms, and additional information. The Experiences will be carried out as described in the Platform, without any type of additional or related service, so the Passenger should not interpret otherwise.
- The Passenger declares and accepts that many of the Experiences may be delayed and / or canceled due to unforeseen circumstances or force majeure. Likewise, the Passenger declares to hold Peruvian Shades harmless with respect to any inconvenience in carrying out the Experience, and understands that Peruvian Shades is an automated platform that allows tourists to connect with the offer of Experiences in Peruvian territory, so Peruvian Shades is not is responsible for any damage caused in the realization of the Experiences.
VIII. TRANSFER OF EXPERIENCES
- Any Experience, except Machu Picchu or any package that takes more than 1 day, is freely transferable to third parties. The new Passenger of the Experience must comply with the conditions of the Supplier and Peruvian Shades to participate in the Experience. The previous Passenger must ensure that the new user complies with the corresponding conditions. In case the new Passenger does not comply with the conditions, he / she may be excluded from participating in the Service without any claim for refund or rescheduling of the Experience. The Passenger must notify Peruvian Shades at least 2 business days before the Passenger’s change and must share all the information required. It is the Passenger’s responsibility to know and accept the requirements to be able to participate in the reserved Experiences.
- Notwithstanding that the Experiences may be endorsed to another Passenger, it is expressly forbidden for a Passenger to sell the Experiences described in the Platform for personal financial gain, without the due authorization of Peruvian Shades.
IX. PAYMENTS, DELIVERY AND RESERVATION
1. Passengers can pay for Experiences online with a credit or debit card through our payment gateway. We work with the pay-me payment gateway which has the highest security and encryption standards, and our page also has the required SSL certificates. We will never access or store your credit or debit card details. Confirmation of the Experience with the reservation code will be made by email. For any questions you should contact Peruvian Shades.
2. Peruvian Shades does not cover the transfer costs that arise for the Passenger during the payment process.
X. AVAILABILITY AND CANCELLATION
- The Passenger can find information about the availability of each Experience (eg region / city, available times or schedule) on the page of said Experiences. All Experiences vary in their availability. The Passenger can choose their date in the calendar on the Experience page. The availability of the Experience on the Platform may be out of date, so the reservation is considered confirmed (and thus availability) once the reservation confirmation email is received. This confirmation email is the response of Peruvian Shades to the questionnaire answered by the Passenger in the email sent automatically after the Passenger made the reservation payment.
- If the Passenger requires a reservation in less time than that established in the terms of the Experience reservation, the Passenger must contact Peruvian Shades to verify availability before making the reservation. If the Passenger purchases before Peruvian Shades informs them that there is availability, and if it is not possible to include the Passenger in the Experience, Peruvian Shades will proceed to return the money to the Passenger. In this process, Peruvian Shades is entitled to deduct the administrative costs of 10% of the transaction associated with the reservation made and the Passenger will cover all administrative, bank or transfer charges that are charged during the refund process.
XI. PHYSICAL DISABILITIES
- Peruvian Shades welcomes the participation of people with disabilities for the Experiences it offers, but recommends that the Passenger contact Peruvian Shades through reservas@peruvianshades.com before purchasing an Experience to verify if participation in this is possible with the particular disability of the Passenger.
- In the event that the Passenger has made a reservation with Peruvian Shades and is subsequently unable to complete medical requirements, Peruvian Shades reserves the right to treat such reservation as canceled, and all applicable cancellation fees will apply. Passengers are responsible for evaluating their own suitability and ability to participate in the Experience that the Passenger has booked. All Passengers should consult their doctor about their physical condition to travel, and in particular trekking, adventure and related trips. Peruvian Shades encourages all Passengers to consult with their physician regarding vaccinations, medical precautions or other necessary or recommended medical concerns related to the entire Passenger Experience with Peruvian Shades. Peruvian Shades does not provide medical advice. Certain Services may not be suitable for everyone due to restrictions imposed by conditions such as pregnancy, mobility limitations, physical or cognitive disability, or other physical or mental conditions. It is the Passenger’s responsibility to evaluate the risks and requirements of each Experience in light of the limitations, physical and mental condition, and any requirements or medical conditions of said Passenger.
XII. RESPONSIBILITY OF PERUVIAN SHADES
- As an intermediary, Peruvian Shades will not be responsible for any type of damage caused during the Experience carried out by the Supplier. The Passenger, the Suppliers and Peruvian Shades accept that any damage will be resolved between the Passenger and the Supplier, excluding Peruvian Shades from any process.
- Peruvian Shades is only responsible for direct damages caused by the breach of a contractual obligation regarding its own services as an intermediary between Passengers and Suppliers. Regarding this, the responsibility of Peruvian Shades is limited according to the types of direct damages caused in its capacity as intermediary where appropriate or as the case may be.
- Peruvian Shades is not responsible for the content of third party websites. All links provided to other sites are only intended to provide you with more information about the Experiences.
- Peruvian Shades is not responsible for changes or cancellations of airlines on international or domestic flights. The passenger must solve the changes or cancellations of their flights directly with the airline.
- Peruvian Shades is not responsible for changes or cancellations of ground transportation. The passenger must solve the changes or cancellations of their services directly with the transport company.
- Peruvian Shades is not responsible for any itinerary change, delay and / or cancellation of service if the cause or circumstance escapes the hands of Peruvian Shades including strikes, natural disasters, illness, theft, bad weather, transportation accidents, river, wars or government restrictions.
XIII. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights related to the content and design of the Peruvian Shades Experiences and the content presented on the Platform are owned by Peruvian Shades or third parties who shared the license rights with Peruvian Shades. The Passenger 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 the prior written authorization of Peruvian Shades. The software that operates the Platform and all digital applications is software owned by Peruvian Shades or third parties and the Passenger may not use it, except for those uses permitted to make the reservation. The Passenger may not copy, reverse engineer, modify or carry out any transaction with the software on our platform.
XIV. DISCOUNT COUPONS
- Discount coupons are codes that must be entered in the indicated form to receive a discount when purchasing an Experience.
- These coupons can only be used one time and will not be cumulative with other coupons or discounts.
- Each coupon will have an expiration date indicated at the time of delivery.
- It cannot be exchanged for cash and will be subject to the terms designated and communicated at the time of its creation.
- They may be transferred so that other passengers can benefit from it without prior notice to Peruvian Shades, for which Peruvian Shades is not responsible if they are used by other people outside the Passenger.
XV. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA
- We are committed to protecting your privacy. Please review our Privacy and Personal
Data Protection Policy. - In the same way, we inform you that our website uses cookies in order to make the
page more “user-friendly”.
XVI. MODIFICATION OF THE TERMS OF USE
- Peruvian Shades reserves the right to change and adjust these Terms of Use to balance and improve the contractual relationship of all parties included. Any change that does not give a benefit to the Passenger, the Experience or the Provider, will only be due to legal or technical changes.
- In the event that the Passenger does not agree with any of the changes made, they can stop using the Platform and the Experiences immediately. In the event that the Passenger continues to use the platform or Experiences after the changes have been made, such use will be considered as full acceptance of the adjustments by the Passenger. These Terms and Conditions were updated on the date indicated at the end.
XVII. JURISDICTION AND APPLICABLE LAW
- This agreement is governed by the laws of the Republic of Peru.
- Any dispute that arises in relation to these Terms, its existence, validity, interpretation, scope or compliance will be submitted to arbitration, carried out by a single arbitrator, the respective decision being final and irrevocable.
XVIII. ASSIGNMENT OF CONTRACTUAL POSITION
The Passenger acknowledges and accepts that Peruvian Shades may assign its contractual position or any of its rights or obligations, or sell its assets to third parties without the need to inform the Passenger and obtain their prior and express consent.
XIX. FORCE MAJEURE
Peruvian Shades will not be responsible for any delay or failure to carry out the Experiences. This delay or failure may result directly or indirectly from any cause or circumstance beyond the reasonable control of Peruvian Shades, including, among others, failures in equipment or electronic or mechanical communication lines, telephone or other interconnection problems, computer viruses, access unauthorized, theft, errors of the telecommunications utility operator, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars or government restrictions.
XX. CLAIMS AND COMPLAINTS
In accordance with the provisions of the Consumer Protection and Defense Code, Law No. 29571, our Platform has a virtual complaints book in which you can make a complaint or claim regarding the Experiences that we offer on the Platform. The same that can be found on our website www.peruvianshades.com
XXI. TAX EXEMPTION
- Within the confirmation email that the Passenger receives after making the online reservation, the Passenger is asked to provide their personal information and the personal information of the people who travel and participate in the Experience. In order to apply the tax exemption, the Passenger must have a stay of less than 60 days in Peru. In the event that the Passenger or any of the travel companions remain in Peru for more than 60 days without leaving the country, the tax exemption may not be applied to the respective person (s).
- This 18% tax exemption has already been considered in the price of the Services 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, Peruvian Shades and the Provider must register the information detailed above in the system of the Peruvian tax authority. This allows the foreign Passenger to be exempt from paying the corresponding taxes.
- This 18% tax exemption has already been considered in the price of the Services 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, Peruvian Shades and the Provider must register the information detailed above in the system of the Peruvian tax authority. This allows the foreign Passenger to be exempt from paying the corresponding taxes.
The terms and conditions of this document were updated on September 11, 2020