TERMS & CONDITIONS

Dear Travelers, Thank you for choosing CREATE PERU ADVENTURES as your travel company. Please read the below Terms and Conditions carefully and if you have any questions please do not hesitate to contact us on info@createperuadventures.com.
IMPORTANT: Please note we are unable to accept any bookings without ALL of the passport information.
Note: Passport must be valid for more than six months in order to visit Peru.

All bookings are made with Create Peru Adventures. By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation itinerary.

A deposit of 30% is required at the time of booking. We accept payment via Paypal, wire transfer or money order for your deposit. The final balance is due upon your arrival in Cusco in CASH.

At time of reservation: 30% of total balance should be transferred. 2-5 days prior to departure: Total Balance At the same time you have the option to pay the Total Amount at time of reservation. For all tours and treks the balance must be paid in full; Maximum 2 days prior to the start of the program, paid either in cash, via paypal, visa, or western union. Failure to pay the trek balance will result in tour cancellation and forfeiture of your deposit.

For student discounts we require a copy of a valid ISIC student card. In the event that we don’t receive the scanned copy of the card along with your reservation form, we will process your reservation at an adult price.

We accept all major credit card payments, including Visa, MasterCard, Discover, and American Express. You will proceed with your payment through our secure server and our Pay Pal Payment System.

Our trips are run by a tour leader. At all times the decision of the company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour group. The client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of Peru, and you also agree to travel in accordance with our responsible travel guidelines. Should the client fail to comply with the above, or should the client interfere with the well being of the group then the tour leader or company representative may order the client to leave the tour without recourse to any refund. We may also elect not to carry you on any future trips booked.

The Company shall not be liable for any damage or loss if the failure to carry out the contract is:

Attributable to the client

Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable Due to unforeseen and unusual circumstances beyond the company’s control, the consequences of which could not have been avoided even

if all due care had to be exercised.

Due to political disputes, industrial action, climate or other matters of a similar nature and any other force majeure.
Due to an event which the company, even with all due care could not foresee or forestall. Any liability is limited to the full price paid for the tour. In all cases the company specifically excludes all liability for indirect or consequential loss or expense, including loss of profits.

Trip Member’s Responsibility

Trip members have the responsibility to select a trip appropriate to their abilities and interests. In order to assist you, we grade each trip with a Trip Grading. We are also happy to discuss the trip with you, as well as provide you with names of past participants who can discuss their experience with you. Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information packets sent by CREATE PERU ADVENTURES. And for bringing the appropriate clothing and equipment as advised therein.

Acceptance of Risk

CREATE PERU ADVENTURES itineraries have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involves an element of personal risk and exposure to potential hazards over and above those associated with normal “package” holidays. The client acknowledges that the nature of the tour is adventurous and that such activities may involve a significant amount of personal risk.

It is the client’s responsibility for obtaining sufficient personal travel insurance. The client is willing to accept full responsibility for insurance up to limits that the client may require. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury delay or inconvenience occurring to the client.

All the programs are carefully planned, however, due to operational reasons, it may be necessary to change the order of the different activities or the route specified in the itinerary. These changes are not usual to happen, nonetheless, the itinerary should be considered as a basic guide of the program.

The company will do its best to minimize the effects of matters outside its control, but cannot accept any liability for these matters which include political disputes, industrial action, unforeseeable climate, road blocks, landslides on the Inca Trail, problems with the railway between Aguas Calientes and Cusco, delayed trains etc. In order to avoid strike action which has been planned on certain days the group may have to depart for the Inca Trail in the evening before the planned trek departure date. CREATE PERU ADVENTURES will not be responsible for any costs associated with unused or partly used accommodation services due to this earlier than planned departure. Failure to agree to depart at this earlier time will be considered a trek cancellation by the client. If all or part of the Inca Trail or Machu Picchu is closed due to Force Majeure then CREATE PERU ADVENTURES will do its best to provide an alternative trek itinerary of similar value. Unfortunately the trek deposit will not be refunded to clients if the trek is cancelled due to Force Majeure although CRETAE PERU ADVENTURES will provide clients with suitable documentation so that clients can claim a refund from their insurance companies.

These paragraphs (together with the Release of Liability section of the Application Form) define our responsibility with respect to all our trips. PLEASE READ IT CAREFULLY. Payment of your deposit represents your acceptance of the following terms and conditions:
CREATE PERU. gives notice that services provided in connection with its itineraries, including transportation, hotel accommodations, restaurants, and other services, are purchased from various independent suppliers who are not affiliated with CREATE PERU. In any way. Although we endeavor to choose the best suppliers available, CREATE PERU. has no right to control their operations and therefore makes these travel arrangements upon the express condition that CREATE PERU, and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided.
CREATE PERU. Shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g. bad weather, trail conditions, landslides, flooding, sickness, or other contingency for which CREATE PERU. cannot make provision; (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad; (d) bodily injury or property damage for any reason, including but not limited to acts of God, weather, quarantines, strikes, civil disturbance, theft, default, changes in government regulations, terrorism, war, or failure of conveyance to arrive or depart as scheduled, etc., over which CRETAE PERU. has no control. The right is reserved to substitute both trip leaders and hotels from those listed in the catalog, as well as reverse the order of places to be visited and make reasonable changes in the itinerary where deemed advisable for the comfort and well being of the passengers.
CREATE PERU reserves the right to take photographic or film records of any of its trips, and may use any such records for promotional and/or commercial purposes.
CREATE PERU reserves the right to decline to accept—or to restrain from further participation—any person it judges to be incapable of meeting the rigors and requirements of participating in the tour activities, or any person whose actions or deportment it judges unsuitable for group travel. A refund based on the cost of any unused land services already paid for is the limit of CREATE PERU’s responsibility in such a case.

The client must be in possession of a valid passport (valid for more than six months) and all visas required for the whole of the journey and the client accepts responsibility for obtaining the same. Any information or advice given by the company on visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the company.
We will buy your Inca Trail trek permit using the passport numbers that you send us with your trek booking application. You must bring these same passports, or documents with you to Cusco and take them on the Inca Trail. If the number in your passport is different from the number on the trek permit, the government authorities will not allow you to start the trek and you will not be entitled to a refund.

Once we have made a trek or tour reservation with the government authorities we cannot then change any details of the reservation (your name, passport number or departure date). If you have to cancel your trek booking government authorities will not let us fill your cancelled spaces with other clients. If the personal information provided for the Inca trail permit is not accurate and the permit has to be re-issued, a US$10/ fee will apply. If during the length of the program the traveler abandons the excursion as a decision made by themselves, no reimbursement is applicable.

Please note that the trek or Tour deposit is non-refundable. The deposit is used to reserve space within the group. Once we have made a trek or tour reservation with the government authorities we cannot then change any details of the reservation (your name, passport number or departure date). If you have to cancel your trek booking government authorities will not let us fill your cancelled spaces with other clients, we just have to depart with a smaller less-economic group. The trek permit and Machu Picchu Permit once purchased are non-refundable & non-transferable.
Trek or Tour cancellation two days prior to trek or Tour departure after having paid the trek or Tour deposit: Loss of trek or Tour deposit. All other payments will be refunded in full. Note that if the trek balance is not received two days prior to the trek departure then the trek will be deemed to have been cancelled and the deposit cannot be returned. Once we have bought the trek permits it should be noted that we cannot then substitute other trekkers in your place if you have to cancel. The Inca Trail trek permit, bus ticket and train ticket will not be returned.
Trek cancellation two days before trek departure and prior to actual trek departure (once you have paid for the trek in full): The unused Inca Trail trek permit will be returned as well as the train ticket from Aguas Calientes to Ollantaytambo and the bus ticket from Machu Picchu down to Aguas Calientes. If you hired the services of a third Quechua porter we cannot refund your payment and the Quechua porter will continue on the Inca Trail as originally contracted to do so. If you have hired a sleeping bag we will refund this amount in full.
Once you have started the Inca Trail (once you board the bus in the morning) we can only return your train ticket from Aguas Calientes to Ollantaytambo and your bus ticket from Machu Picchu down to Aguas Calientes. We cannot make any cash refunds. Failure to be able to continue with the trek will be treated as a cancellation. Any costs associated with returning to Cusco or returning to Ollantaytambo and then continuing to Aguas Calientes and then onto Machu Picchu must be met by yourselves. These costs include all transport costs.

The Client may cancel the Package & Tour bookings at any time provided that the cancellation is communicated to CREATE PERU in writing. Cancellation charges will be applied as shown below calculated from the day written notification is received by CREATE PERU. All reservations cancelled less 10 days prior to the departure date of the tour are subject to a cancellation fee: Becomes non-refundable once you receive confirmation of accommodation in Aguas Calientes. For all other treks and tours the deposit becomes non-refundable once hotels, airfare and/or trek have been confirmed. In the event of any trek cancellation CREATE PERU will be happy to cooperate providing any necessary documentation to enable a legitimate insurance claim.

It should be noted CREATE PERU is a professional, responsible tour operator with an excellent reputation for quality and service. We have no intention of cancelling any of our clients trek reservations or tour package.

Cancellation of Trek due to failure to purchase your Inca Trail trek permit
If in the event that CREATE PERU has to cancel your trek due to failure or inability to purchase your trek permit we will notify you by email as soon as we become aware of such matters. We will hold your deposit payment for your collection in our office in Cusco. If you are unable to come to the office we will return it to you by PayPal or Western Union less the transfer charges related with sending it to you.
Cancellation of Trek due to matters outside of the control of CREATE PERU.
If in the event that CREATE PERU has to cancel your trek due to Force Majeure CREATE PERU will do its best to offer an alternative 4 day trek of similar value in place of the Inca trail to Machu Picchu. If CREATE PERU is unable to offer an alternative trek ( a strike or road block prevents the group from leaving Cusco) then we will refund only the proportion of the cost of the trek that has not already been spent or committed to operating the trek. The amount spent or committed to operating the trek could include, but not limited to, entrances fees, train tickets, guide and porter wages, contracted buses, perishable goods etc. You will have to reclaim the remaining proportion on your travel insurance. Unfortunately the trek deposit will not be refunded to clients if the trek is cancelled due to Force Majeure although CREATE PERU will provide clients with suitable documentation so that clients can claim a refund from their insurance companies.

As we publish our prices well in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control. As such we reserve the right to impose surcharges (or price decreases) up to 2 days before departure due to increases in Inca Trail trek permits (entrance fee), unfavorable exchange rates, increases in train fares or other transport costs, taxes, or if government action should require us to do so.
Our Inca Trail trek prices are based upon the following third party costs which are outside of our control:
Inca Trail entrance fee is 300 Peruvian Soles (S/.292 + S/.53 sales tax) which is about US$117 and 55 Peruvian Soles for each of our porters. The price paid for the entrance fee is clearly marked on the trek permit. The Peruvian government has not indicated that it will increase the costs of the Inca Trail entrance fee in 2016 or the next years although there always remains this possibility. Note: Since the exchange rate fluctuates daily the above amounts are only an example.
Included in the price of the trek is the return on the train from Aguas Calientes to Ollantaytambo. We purchase tickets in the Expedition service tourist train which currently costs US$ 90 per person. (Details of service and price can be checked on the Peru Rail website www.perurail.com). The Peru Rail website states that they reserve the right to change the price at anytime. There is also the possibility that Peru Rail will no longer sell a one-way ticket and will only sell return tickets Ollantaytambo – Aguas Calientes – Ollantaytambo. If this is the case it is possible that the price of the ticket could double!! However this is unlikely. We will try to do everything in our control to keep the price of the ticket to as low as possible but clients must be prepared for such increases in the price of the train ticket. Peru Rail currently runs a monopoly service so we don’t have an alternative (Peru Rail is 50% owned by Orient Express, a British company which is registered in Bermuda and listed in the NY stock exchange). The price paid for the train ticket is clearly marked on the ticket.
Local sales taxes known as IGV are included in the price of the Inca Trail trek. The current IGV rate is 18%. It is not anticipated that this rate will increase during 2015.
If any of the third party costs listed above change to increase the cost of the trek we will immediately update the trek price listed on our website.
VistaDome or HB Train upgrade may be necessary in busy seasons based on availability at an additional cost to you.

Due to political and cultural differences, as well as generally tougher physical conditions, travel to the areas we visit involves risks other than those we take in our daily lives. It is important clients make themselves aware of the risks involved, and are responsible for making their travel plans accordingly.

As a complementary service, we book accommodations for our customers while in Peru. Since we are not the final provider of the service, we need to pay for our customers accommodation 15 days prior to arrival date. Once we pay for a room, we do not get refunds for cancellations. If you have to book a room through us and you need to cancel your room, please notify us about this fact via e-mail at least 15 days prior to your arrival date; otherwise, you will need to pay for the room that we have already paid for you.

Accommodations are based on double occupancy. A single supplement is paid by participants who specifically request single accommodations, subject to availability. If you are traveling alone and wish to share accommodations, we will try to match you with a roommate. However, if a roommate is not available, the forced single supplement will be charged, which is 50% of the regular single supplement unless otherwise noted in the detailed itinerary.

CREATE PERU ADVENTURES reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with CREATE PERU ADVENTURES, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their travel program escort at the beginning of their program.
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

The renter is responsible for safeguarding and properly caring for the equipment rented and can be charged up to the full replacement cost for any item that is damaged, lost, or stolen. The renter is obligated to return all equipment no later than the stated due date. Partial returns will not be accepted. Severity of damages and associated fees will be determined by Inca Trail Reservation staff on all equipment. Damages may include: lost, bent or broken poles. Damage Fees: Hiking Poles $100.00

If a client has a complaint against the company the client must first inform the Tour Leader, Tour manager, or company representative while on the tour in order that the guide/representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 7 days of the end of the tour.

The laws of the Cusco, Peru govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Cusco, Peru. At all times your contract will be with CREATE PERU. The name CREATE PERU ADVENTURES to either CREATE PERU ADVENTURES. Licensed Tour Operator. Peruvian Law requires Legal sellers of travel. This business has a Registration as a seller of travel does constitute approval by the Peruvian Tourism Ministiry

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