Suite 2
56 Sloane Square
London
SW1W 8AX
 
     TERMS & CONDITIONS
 

1. Financial Protection

In order to comply with the financial protection requirements of the Package Travel Package Holidays and Package Tours Regulations 1992, Chile Tours operates a trust account. The account is held at the Barclays Bank, and our Trustee is neither employed by nor connected with Chile Tours. These arrangements ensure that payments made by you for your holiday arrangements would be refunded in the unlikely event of Chile Tours’ insolvency.

2. Your Booking and Contract

Once you have chosen your holiday, please complete and sign the booking form and send it to us with a deposit of £100 per person. For Skorpios Cruises, a 50% deposit is required when making a reservation. Explora Hotels will require 30% deposit. Once you have received confirmation from our agents, which in the normal course of events would take approximately one week, we will send you a confirmation invoice, and it is at the time that we send this invoice to you that a valid contract comes into existence between us, or, in the case of single component bookings, between you and the relevant supplier. If you make your booking within six weeks of your departure date, we will require full payment at the time of booking. If the balance is not paid, we reserve the right to cancel your holiday and retain the deposit in accordance with our clause entitled Cancellation by You. Cheques should be made payable to Chile Tours Limited Trust. If you wish, you

may pay with Visa or MasterCard, but if you pay by this method a 2% surcharge of the cost of your holiday will be added to the invoice. If your booking is made through a travel agent, all correspondence will pass through that travel agent. Travel documents will be sent to you (or to your travel agent) three weeks before departure by ordinary mail. If you require an express service, you will have to pay for this. If you have any special requests, these should be indicated on your booking form. Chile Tours will notify the relevant supplier of your request, every effort will be made to meet it, but this cannot be guaranteed, nor will Chile Tours accept any liability if such requests are not met.

3. Alteration By You

Subject to availability and an administration fee of £30 per person, you may change your holiday arrangements after the issue of a confirmation invoice (but no more than 6 weeks before the departure date). All changes are subject to availability, and, if we are able to make the change, you will be liable to pay for any amendment charges imposed by the relevant supplier. Some suppliers, for example, may treat a change of name as a cancellation and subsequent rebooking.

4. Cancellation by You

After we accept your booking, if you cancel your arrangements or do not pay the balance of your holiday by the relevant date, we may cancel your booking, and you will be liable to pay the following cancellation charges: Date of departure Charge as% of Total Price Notification within more than 43 days Loss of deposit Notification between 42 days & 30 days Loss of 50% of payment Notification between 29 days and 21 days Loss of 75% of payment Notification within 20 days of departure Loss of 100% of payment Further, if you wish to cancel your holiday, you must inform us of this in writing, and the cancellation will not be effective until we receive this written notice.If, for any reason, you choose to shorten your holiday while you are away, we regret that we will be unable to provide any refund or credit for unused services.

5. Transfer of Bookings

You may change your booking up to 30 days before departure by transferring it to another person if you are unavoidably prevented from travelling, and the transferee meets any conditions which may apply to the tour. The right to transfer is subject to payment of an administration fee of [£x] per person (plus appropriate holiday insurance premium, if applicable), together with all additional charges of whatever sort imposed by suppliers providing the component parts of the tour charges.

6. Alterations By Chile Tours

If we have to alter your holiday before departure, any alteration will either be major or minor. Where an alteration is minor, we will, if practicable, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor alteration is any alteration apart from a major alteration as defined below. When an alteration is a major alteration (and a major alteration is an alteration which involves a change to accommodation of a lower rating, or a significant change to your itinerary), we will advise you as soon as is reasonably possible. You will then have the choice of accepting the alteration, taking an alternative holiday (and where this is of a lower price, we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid. In addition, in appropriate cases, we will pay you compensation of an amount which is reasonable taking into account all the circumstances (and assuming that your full balance has been paid). Where, after departure, a significant proportion of the services contracted for is or cannot be provided, you will have the choice of returning to your point of departure and receiving a pro rata refund for the cost of the remainder of your holiday, or accepting alternative arrangements. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances.

7. Cancellation by Chile Tours

We reserve the right in any circumstances, including cases of low bookings (as defined below) to cancel your holiday more than 6 weeks before departure. If we have to cancel your holiday before this date, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid. In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we will pay you compensation which is reasonable taking into account all the circumstances. Under booking is the situation in which the minimum number of clients required to operate a tour is not met, and Chile Tours will cancel the tour unless all remaining passengers are willing to pay a supplement. Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in
rivers or other similar events beyond our control.

8. Surcharges

We will not impose any surcharges on the price of your holiday arrangements less than 30 days before departure. In addition, if surcharges become necessary before that time, we will absorb an amount up to 2% (excluding insurance premiums and any amendment charges) of any surcharges that apply. Surcharges may be imposed to cover increases in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, or the exchange rates applied to the particular package. Where a surcharge is payable, there will be an administration fee of £30 per person, together with an amount to cover agents’ commission. If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid to us except for any premium paid for insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days of the date of our confirmation invoice.

9. Chile Tours’ Liability

(i) Where you do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with us in the UK not be as described in the brochure and not be of a reasonable standard, and, subject to (iii), (iv) and (v) below, will pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any insurance premium), a refund of any directly attributable expenses, and a daily sum of £72 per person. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us. (ii) Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements booked with us before departure, we accept responsibility subject to (iii), (iv) and (v) below. (iii) We accept liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure in your holiday arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your own fault, or the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of all due
care. (iv) Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of rail travel, sea travel, road travel or hotel accommodation, our liability and/or the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International Conventions, namely the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. Copies of these Conventions are available for inspection at our offices. (v) It should be noted that our acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause below entitled Complaints. (vi) Other than as set out above, and as is detailed elsewhere in
these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.

10. Complaints

If you have a complaint whilst you are on holiday, you must inform the relevant supplier as soon as possible in order to give them the opportunity to remedy the problem. Failure to do so may affect your rights to claim any compensation either from the supplier or from Chile Tours. If the local supplier is not able remedy matters to your
satisfaction, you should contact Chile Tours and we will do our best to
resolve the matter. If, on your return from holiday, you feel that the matter has not been dealt with satisfactorily, you must inform us of this in writing within 28 days. Failure to do so will reduce or extinguish any rights which you may have to claim against us or against any relevant supplier.

11. Excursions

Please note that we do not provide excursions. Our local employees or representatives may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when your purchase an excursion locally, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.

12. Special Requests

If you have any special requests, you should inform us of such requests at the time of booking. We will advise the relevant supplier of your requirements, but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests not met.

13. Brochure Accuracy

We reserve the right to change any of the prices, services or other particulars contained in this brochure at any time before we enter into contract with you. If there is any change, we will notify you before we

enter into such contract.

14. Suppliers’ Conditions

Transport operators and other of our suppliers have their own booking conditions or conditions of carriage, and you will be bound by these so far as the relevant supplier is concerned. Some of these conditions may limit or exclude liability on the part of the supplier. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.

15. Transport Delays

Departure times are estimates only, and there is no guarantee that transport will depart at the time specified, and we do not have any liability to you for any delay which may arise. Where such delay does arise, the relevant transport provider may provide refreshments and take any further appropriate action, but we will not have any
responsibility to do so.

16. Client Behaviour

Chile Tours reserves the right in its absolute discretion to terminate your holiday if your behaviour is likely, in our opinion or that of our employees or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling for this reason, we have no further
responsibility for your holiday, including any arrangements for your return home. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.

17. Insurance

You are required to arrange for yourself an insurance policy to cover the cost of cancellation of your holiday by you, or the cost of assistance including repatriation, in the event of accident or illness. We will require evidence at the time of booking that you have taken out such a policy.

18. Passports and Visas

Passport, visa and health requirements current at the time of going to press set out on page 1, but it is your responsibility to make the necessary arrangements to comply with any regulations governing entry to your chosen country. If you do not have up to date and valid documentation, and are unable to travel, you will be liable to pay the cancellation charges set out in clause 4. Furthermore we will not accept any responsibility or refund any money in cases where you are unable to travel because of an invalid or mislaid documentation.

19. Law and Jurisdiction

Your contract with Chile Tours is governed by the laws of England, and the Courts of England and Wales will have exclusive jurisdiction to hear any dispute arising out of or in connection with it.


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