TERMS AND CONDITIONS OF SALE

The present General and Special Conditions of Sale (hereinafter referred to as « the GCS ») apply, in the absence of any stipulation to the contrary, to all contracts concluded between:

The « Participant » is any natural person taking part in the trip organized by the Customer

1. Scope of application

The purpose of this document is to present the General Terms and Conditions applicable to the services (itineraries, excursions, activities and accommodation) offered by the Agency. They are available at all times on the Agency’s website and on the quotation provided to the customer. In the event of a dispute, as the Agency is governed by local law, the courts of the city where the Agency is located will have jurisdiction

2. Registration and payment terms

2.1 CONFIRMATION:Confirmation of a trip by the customer is effective for the Agency upon receipt of the following elements

  • The Customer’s formal acceptance of the quotation sent by the Agency.
  • A minimum deposit of 30% of the total amount for land services and 100% of the total amount for air services, based on the invoice sent to the Customer.

A reservation is considered definitive only after the Agency has confirmed the availability of the stay. The balance of the total cost of the services must be paid 45 days before the start date of the services. Any delay in payment of the balance may be considered by the Agency as a cancellation by the Customer, for which the cancellation charges set out in point 3: Cancellations will be applied. The Agency then reserves the right to use the deposit to cover services not reimbursed by the service providers and not to guarantee the operation of the tour.2.2 PAYMENT METHODS:The Agency undertakes to provide secure and efficient payment methods for the Customer.
All bank charges are the sole responsibility of the Customer.2.3 SPECIAL CONDITIONS OF SALE:Special Conditions of Sale may apply. These conditions will be specified in the quotation provided to the Customer and will prevail over the present GTS

3. Travel fares

Services sold in a currency other than the Agency’s local currency or currency in circulation (in particular the US Dollar or the Euro) are based on an exchange rate calculated at a given time. In the event of devaluation of more than 10% or appreciation of more than 20%, the Agency reserves the right to re-evaluate the cost of the trip, giving the customer the choice of maintaining the service or cancelling it.In addition, the Agency may be obliged to modify its fares and programs to take account of

  • variations in the cost of transport, notably linked to the cost of fuel.
  • variations in fees and taxes relating to the services provided, such as landing, embarkation and disembarkation taxes.

4. Cancellations and Modifications

4.1 BEFORE THE TRIP

a – ModificationAny change in the services and dates of the trip made by the customer prior to departure will result in a revision of the contract and rates. The new contract will be sent by e-mail and must be paid before the participant’s departure. Non-payment of the contract adjustment will be considered as a cancellation, for which the cancellation fees set out in the following article will be applied. b-CancellationAll trip cancellations must be made by e-mail with acknowledgement of receipt from the Agency. The date on which the email is sent will be taken as the cancellation date for the purpose of invoicing cancellation charges. To avoid any inconvenience, the customer should enquire about the charges to which he/she is exposed before transferring his/her contract.c – Scale of cancellation chargesThe Agency will reimburse the sums paid in accordance with the following conditions and limits

  • More than 120 days before arrival: full refund of the land deposit.
  • 90 to 119 days prior to arrival: 70% of the land deposit will be retained, corresponding to prepayments for certain services.
  • 46 to 89 days prior to arrival: 100% of deposit retained, corresponding to prepayments for certain services.
  • 30 to 45 days prior to arrival: 60% of the total amount will be retained.
  • Less than 30 days before arrival: 100% of the total cost of the booking will be retained.

d – Revision of prices for a groupIf one or more Participants booked on the same trip cancel their reservation, which is maintained for the other Participants, the Agency reserves the right to revise the prices according to the updated number of Participants.c – Special casesAir services, once tickets have been purchased by the Agency, are neither modifiable nor refundable.

In the event that the reservation of services implies the commitment, on the part of the Agency, of expenses which cannot be reimbursed, whatever the reason for cancellation or the anticipation with which it is made (such as the reservation of hotel packages on particular dates, cruises, etc.), the reimbursement terms mentioned above cannot be applied

4.2 DURING THE STAY

a – ModificationAny modification made by the Participant involving a change of service (hotels, transport, etc.) or program (length of stay, stages, etc.) will be billed to the Participant.b- CancellationAny trip interrupted, modified or shortened, or any service not taken up by the Participant, for whatever reason, will not give rise to any reimbursement or compensation from the Agency

5. Responsibilities of the Agency and the Customer

The Agency undertakes to provide the services described in the contract and is obliged to provide assistance to the traveler in difficulty. However, the Agency may not be held responsible for the consequences of events beyond its control, in particular:5.1 ADMINISTRATIVE AND HEALTH INFORMATIONBefore confirming his trip, the Travel Participant must ensure that he is in possession of all the necessary documents (passport, visa, family record book, authorization to leave the country for minors, vaccination booklet, driving license, etc.), which are valid and comply with the requirements for transiting and/or entering the country(ies) of the trip.

Each Participant is responsible for obtaining all documents required by the authorities of the countries visited.The Agency provides indicative information on the administrative, customs and/or health formalities required for these trips on its website and in the documentation provided. This information is provided by the Agency for information purposes only, and does not engage its responsibility, nor replace the individual responsibility of each Participant. Participants are therefore strongly advised to check with the relevant authorities, such as consulates, prior to departure, to ascertain the list of documents required and the migration, health and customs formalities in force.The Agency cannot be held responsible for any delay or inability on the part of a Participant to present valid documents. The consequences of any failure to present these documents will be borne entirely by the Participant, and any trip cancelled, interrupted or shortened due to the Participant’s fault will not give rise to any reimbursement or compensation of any kind.5.2 HEALTH INFORMATIONThe Customer and the Participants in the trip are required to inform the Agency and the guides accompanying them of their health and physical condition, so that they can be taken into account when carrying out the activities.
Even when informed, the Agency and its guides cannot be held responsible for any accident resulting from the condition of the Participant(s) concerned.It is the responsibility of each Participant to check with his or her doctor whether his or her state of health allows him or her to take part in the trip activities.

In all cases, the Agency and its guides cannot take the place of doctors and customers in determining what is best for the health of the participants, and the suitability of the proposed activities for the physical and mental condition of the customer and participants is the sole responsibility of the latter.5.3 RISKS AND SAFETYThe Customer and Participants acknowledge that, given the nature of the trip they have chosen, they may be subject to certain risks due to the remoteness of medical centers, road conditions, the adventurous nature of certain tours (particularly hiking, water sports, scuba diving, off-road vehicle expeditions, etc.).

There are not always organizations that can provide rapid evacuation in certain remote areas.
The Customer and Participants declare that they are aware of such risks and undertake, in the event of an accident, not to hold the Agency, its guides and various service providers liable.

If circumstances so require, and in particular to ensure the safety of an entire group of Participants, but also for climatic reasons or unforeseen events, the Agency reserves the right, directly or through the intermediary of its guides or service providers, to substitute one means of transport, accommodation or itinerary for another, as well as departure dates or times, without the Participants being entitled to claim any compensation.

Each Participant must comply with the rules of caution and community life, and follow the instructions given by the Agency’s guide or service provider.The Agency cannot be held responsible for accidents caused by the individual carelessness of one of the Participants. The Agency reserves the right to expel at any time from a group any Participant whose behavior may be considered as endangering the safety or well-being of other Participants, in which case no compensation will be due. No compensation will be payable in this case.
If the Participant concerned refuses to follow the guide’s instructions, the guide may ask the Participant to sign a waiver of responsibility, which will record the disagreement and release the Agency and the guide from any liability.5.4 LUGGAGE AND PERSONAL EFFECTSParticipants are responsible for the safekeeping of their personal belongings.
The Agency cannot be held responsible for the loss, theft or deterioration of luggage or personal effects during the trip, and cannot be held liable to compensate customers in such circumstances.
In the event of a problem, Participants are advised to report the facts to the appropriate local authorities (file a complaint)

6. Insurance

The Agency has taken out a policy covering its professional civil liability under the conditions stipulated by current local law.6.1 MEDICAL INSURANCEThe Agency strongly recommends that Participants take out insurance covering medical assistance and repatriation, as well as cancellation insurance. The decision whether or not to take out such insurance, and the choice of insurance, are the sole responsibility of the Participant . The Agency is a partner of insurance companies and can offer insurance to suit the needs of Participants (cancellation, repatriation, multi-risk). Do not hesitate to ask for more information directly from the person in charge of your file.6.2 SPECIAL CONDITIONSThe Agency reserves the right to have Participants sign a liability waiver upon arrival in the destination country.
In the case of high-risk activities (extreme sports, mountaineering/andinism, diving, rafting, paragliding, motorcycling, etc.), Participants must take out specific additional insurance, which will be communicated to the Agency prior to departure.The Participant must provide the Agency with information concerning the insurance taken out prior to departure

7. Complaints and Mediation

7.1 TERMS AND CONDITIONSAny complaint must be notified to the Agency in writing by registered letter with acknowledgement of receipt, accompanied by supporting documents, within 30 days of the date of return from the trip.
Any dispute will, as far as possible, be settled out of court.
In the event of complete disagreement, as the Agency is a company incorporated under local law, the local courts of the city where the Agency is located will have jurisdiction.7.2 HOTELSHotel standards may be inferior to those found in other parts of the world, and local standards of comfort and star rating may not correspond to those to which Participants are accustomed.
However, the Agency works regularly with hotels with which it maintains a relationship of trust.
The Participant will not be entitled to any reimbursement based on differences in judgment concerning the level of comfort.7.3 AIR TRANSPORT AND CLIMATEIf the trip is disrupted due to changes in the airline company for any reason outside the Agency’s control, the Agency will endeavour to propose an alternative solution for the Participant(s).
The resulting costs will be borne by the Participant(s).
The rights to claims or compensation are those applicable under the local laws in force. Such claims may only be made by the Participant(s) in a personal capacity.
Local authorities may sometimes suspend certain visits and trips at the last minute for personal safety reasons.
TheAgency cannot be held responsible for the consequences of such a decision, which is considered to be a case of force majeure (e.g. loss of a boat transfer or air flights)

8. Force Majeure

In the event of external events disrupting the normal operation of the country (e.g. political and social unrest, natural disasters, strikes, road blockades and demonstrations, etc.), the Agency reserves the right to cancel a trip or modify its content.
Participants will be informed in advance of the context and any possible changes.
The Agency is above all responsible for the safety of those taking part in the trips it organizes.
In the event of cancellation, the Agency will not be obliged to refund any amounts paid, and Participants will not be entitled to any compensation.
In the event of changes to the itinerary due to external events, a new quote will be drawn up and offered to the Participant(s). The Participant(s) will be responsible for all modification costs

9. Protection of personal data

the information collected at the time of booking is necessary for the proper processing of the order. In order to enable the reservation of services, the Participant’s data will be communicated to the suppliers of the services reserved (hotel, transport, etc.) located outside the European Union. In accordance with the law, customers have the right to access, rectify and delete their personal data. Customers have the right to access, modify, rectify and delete data concerning them (French Data Protection Act). To exercise these rights, please send an e-mail to: contact@terra-panamerica.comTHE PAYMENT OF AN ACCOUNT FOR THE ORGANIZATION OF A TOUR IS ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE.TERRA PANAMERICA S.A. RUC : 155750000-2-2024 DV74