TERMS AND CONDITIONS OF BRAIDY WONDERS S.A.C.

Braidy Wonders, with RUC number: 20605765417
Phone: +51 994 177 366
Address: Avenida San Martin 140, dpt. 104, Barranco, Lima

By booking or participating in a tour and any product or service related to Braidy Wonders, you (“you”) agree to these Terms and Conditions (the “Terms”).

Conditions of Carriage: The Conditions of Carriage available are expressly incorporated into these Terms and form part of your booking contract with the Tour Operator.

By booking a Tour, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you make a booking on behalf of other participants, you represent that you have the authority to accept and agree to these Terms on behalf of the other participants in your group.

 

1. THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when Braidy Wonders or your travel agent issues a written confirmation after receiving the applicable deposit amount. Please review your confirmation carefully and report any incorrect or incomplete information to Braidy Wonders or the authorized agent immediately.
Ensure that names are exactly as stated in the corresponding passport.

You must be at least 18 years old to make a booking. You agree to provide full, complete, and accurate information to Braidy Wonders.

 

2. BOOKING ON BEHALF OF OTHERS

When booking on behalf of other participants, you are deemed to be the designated contact person for each participant included in that booking. This means you are responsible for making all payments due in connection with your Tour booking, notifying Braidy Wonders or your travel agent if any changes or cancellations are required, and keeping your group informed.

When booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate, and Braidy Wonders shall under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

 

3. REQUIRED MEDICAL INFORMATION

Before traveling, you must be sure that you are in good health to travel, we recommend that you consult your local doctor before traveling to Peru.
Medical forms will be signed before the service provided by Braidy Wonders. If you have any pre-existing medical condition that may affect your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities, or may negatively affect the experience of others on your Tour, it is mandatory to inform Braidy Wonders at the time of booking.

You agree to complete the Medical Form honestly and disclose all relevant medical information accurately and completely. Braidy Wonders will maintain the information in accordance with the Braidy Wonders Privacy Policy.

Braidy Wonders reserves the right to request further information or professional medical opinions if is necessary, as determined at its discretion, for your safety or the safe operation of a Tour.
Braidy Wonders reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time, and at your own risk and expense, when Braidy Wonders determines that your health condition makes you unfit to travel or that you pose a danger to yourself or to others.

Pregnancy is considered a medical condition and must be disclosed to Braidy Wonders at the time of booking. Braidy Wonders may refuse to carry women who are more than 24 weeks pregnant. Braidy Wonders may refuse to carry any person with certain medical conditions if reasonable accommodations or alternatives cannot be arranged.

In case that you are asked to complete a required medical form or provide medical information reasonably required by Braidy Wonders for any reason at the time of booking, the Tour Operator reserves the right to cancel your booking.
You are responsible for assessing whether a Tour is suitable for you. You must consult your physician to confirm your fitness to travel and participate in any planned activity. You must seek your doctor’s advice on vaccinations and medical precautions. Braidy Wonders doesn’t provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level, and medical requirements.

Traveling with Braidy Wonders may involve visiting remote or developing regions,
where medical care may not be readily available, and medical facilities may not meet the standards of those in your home country. The condition of medical facilities in Peru varies, and Braidy Wonders makes no representations and offers no warranties in relation to the availability or standard of medical facilities in Peru.

 

4. SPECIAL REQUIREMENTS

Any special requirement must be disclosed to Braidy Wonders at the time of booking. Braidy Wonders will make all reasonable efforts to accommodate the special requirements or requests, but this is not always possible given the nature of the destination Peru and the availability of options outside a planned itinerary.
Certain activities may be inaccessible to you if your mobility is in any way limited.
All food allergies and dietary restrictions must be disclosed to Braidy Wonders at the time of booking, but Braidy Wonders cannot guarantee that dietary needs or restrictions can be met. Any request or special requirement that is not part of these Terms or the contract between you and Braidy Wonders, Braidy Wonders is not responsible for any failure to accommodate or comply with such requests.

 

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of the first trip is considered a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise stated in the Tour description or by Braidy Wonders, the minimum age for minors traveling on any Tour is 12 years old; please refer to Braidy Wonders in case a minor is participating in a tour.

All bookings with a minor are subject to review and approval by Braidy Wonders.
If applicable law requires the consent of a parent, guardian, or any other person for any minor to travel, the accompanying adult is responsible for obtaining all consents, documentation, and ensuring that they and the minor (s) comply with all legal requirements to travel, enter, and leave the applicable countries and regions. Braidy Wonders shall not be liable for any fees, damages, or losses incurred as a result of any failure to secure the necessary consents, permits, and approvals.

Each adult in a booking with a minor or minors is jointly and severally responsible for the conduct, well-being, supervision, and monitoring of such minor(s), and jointly and severally agrees to these Terms on behalf of any minor(s) in their booking, including all risk assumptions and liability limitations. Braidy Wonders doesn’t provide child care services and expressly disclaims any responsibility for accompanying or supervising any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

This insurance must cover personal injury and emergency medical expenses. At the time of booking, a Braidy Wonders representative will verify that you have sufficient insurance. It’s strongly recommended that you extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay, or inconvenience during travel. You acknowledge that insurance coverage is not included in the cost of any Tour offered by Braidy Wonders and must be obtained separately at an additional cost. It’s your responsibility to ensure that you have adequate coverage and comply with the terms of the applicable insurance plans. You are responsible for informing your insurer about the type of trip, destination, and activities included in your booking
so that the insurer can provide appropriate coverage.

 

7. PRICES, SURCHARGES AND TAXES

Braidy Wonders will not increase the price of your Tour after you have paid in full.
Tours are priced inclusive of applicable taxes.
From time to time, Braidy Wonders may offer reduced prices on certain products or services. Reduced prices apply only to new bookings. Bookings for which Braidy Wonders has received payment of at least a deposit are not eligible for reduced pricing.

 

8. VALIDITY

All dates, itineraries, and prices of the Tours are subject to change at any time, and
the current price will be quoted and confirmed at the time of booking, subject to any surcharge that may be charged in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other product or service. It is highly recommended to check with Braidy Wonders at least 72 hours before departure, as minor changes may have been made after the time of booking.

 

9. REQUIRED BOOKING DETAILS

As a condition to re-confirm your booking, you must provide the information requested by Braidy Wonders along with final payment. If you fail to provide the information required by the Tour Operator for airline tickets, permits, or other inclusions, you will also be responsible for any cost, fee, or loss, including failure to obtain or supply that inclusion. In case you fail to provide the information required by Braidy Wonders, Braidy Wonders also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and to charge any cancellation fees that Braidy Wonders considers reasonable, at its sole discretion. The information required by Braidy Wonders will vary by Tour and will be communicated to you or the Tour Operator’s authorized agent during the booking process. Braidy Wonders will not be liable for any fees incurred as a result of errors, omissions, inaccuracies, late, misplaced, or incomplete information provided by you.

 

10. Air Tickets

Tour prices don’t include international or other air tickets unless expressly mentioned in the Tour descriptions. Braidy Wonders will quote the best available price for requested travel dates at the time the quotation is prepared. Quotations only provide an estimate and aren’t a firm price commitment by Braidy Wonders or the applicable airline(s).
Braidy Wonders acts solely as a sales agent for the applicable airline, and the airline’s terms and conditions apply to the purchase and use of the air travel ticket.
Please refer to the applicable airline’s terms and conditions of carriage for complete information, including applicable cancellation terms. The Tour Operator is not responsible for changes in airline itineraries or flight schedules and does not provide advice or alerts regarding air travel tickets, flight status, or delays.

 

11. FINAL PAYMENT AND BOOKING CONFIRMATION

The confirmation sent by Braidy Wonders or your travel agent will contain the details of the final payment required for any booking. Payment of the balance of the price of any booked product or service is due 30 days before the departure date
of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, Braidy Wonders may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on the booking as a cancellation fee.
If a booking is made less than 30 days before the departure date of the first product included in the applicable booking, then the total amount must be paid at the time of booking. If, for any booked product or service, payment conditions differ from those described in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

Braidy Wonders is not responsible for any fees charged by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Braidy Wonders.

 

12. TRAVEL DOCUMENTS

It’s your responsibility to obtain information and be in possession of all documentation and identification required for entry, exit, and travel to each country or region. This includes a valid passport and all travel documents required by relevant government authorities, including all visas, permits, and certificates (including but not limited to medical or vaccination certificates) and insurance policies. You must hold a passport that is valid for 6 months after the last travel date with the Tour Operator as stated in your itinerary.

You agree to take full responsibility for obtaining all documents, visas, and permits prior to the start of the Tour, and you are solely responsible for the total amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of appropriate travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, weather, clothing, baggage, or special equipment, and you agree that the Tour Operator isn’t responsible for any error or omission in this information.

 

13. FLEXIBILITY AND UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will allow reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodation, activities, amenities, and modes of transport are subject to change without notice due to unforeseeable circumstances or events beyond the control of the Tour Operator (including, but not limited to, force majeure, illness, mechanical breakdown, flight cancellations, strikes, political events, and entry or border difficulties). No refunds, discounts, or reimbursements will be issued for services missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour due to your negligence or breach of these Terms.

 

14. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour and any booked product or service. The Tour Operator collects, uses, and discloses only the information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the Tour, the particular products and/or services you have requested as described in the Tour Operator’s Privacy Policy, and it is expressly incorporated into these Terms.
By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

 

15. ACCEPTANCE OF RISK

You acknowledge that adventure travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By travelling with the Tour Operator, you acknowledge that you have considered any potential health and safety risks. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any loss, damage, or injury or death as a result of the inherent risks of travel, including adventure travel specifically, visiting foreign destinations and participating in adventure activities as included in the tour itineraries or otherwise offered by the Tour Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, traveling to remote locations, watercraft transportation, participation in “extreme sports” or other high-risk activities, or travelling to countries with developing infrastructure. The hygiene, accommodation, and transport standards in certain countries where the Tours take place are often lower than what you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance about local customs, weather conditions, specific safety concerns, physical challenges, or applicable laws in any location where a Tour, product, or service is operated.
You acknowledge that you have considered the potential risks, dangers, and challenges, and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
At all times you must strictly comply with all applicable laws and regulations of all countries and regions.
If you do not comply with the above, or commit any illegal act while on the Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the part of the Tour Operator.
You will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination of your travel arrangements, including, but not limited to, return travel, accommodation, meals and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for damage to property, destruction or theft caused by you during a Tour. You agree to report immediately any pre-existing damage to a representative of the Tour Operator and the accommodation, transportation service, or facility staff as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety during the Tour, including but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damage caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaint to the Tour Operator as soon as possible in order to provide the Tour Operator the opportunity to properly address such complaint.
You agree to inform your tour leader, another Tour Operator representative or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last travel day of the booking in question.

 

16. THE TOUR OPERATOR IS NOT RESPONSIBLE FOR THIRD PARTY SUPPLIERS

The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and subcontractors. Although the Tour Operator takes all reasonable precautions in selecting Third Party Suppliers, the Tour Operator cannot control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. All services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third-Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude the liability of the Third-Party Supplier. You acknowledge that Third Party Suppliers operate in accordance with the applicable laws of the countries in which they operate, and the Tour Operator doesn’t guarantee that any Third-Party Supplier complies with the laws of your country of residence or any other jurisdiction.

The Tour Operator is not responsible and will not be liable for any claim, loss, damage, cost, or expense arising from inconvenience, loss of enjoyment, upset, disappointment, distress, or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees. The Tour Operator is not responsible for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.

 

17. OPTIONAL EXTRAS

«Optional Extras» refers to any activity, transportation, meal, product, or service not expressly included in the Tour itinerary or Tour price and not forming part of the Tour. You agree that any assistance provided by Tour Operator representatives in arranging, selecting, or booking any Optional Extra is purely at your request, and the Tour Operator makes no warranties and expressly disclaims any liability arising from participation in Optional Extras or any information provided by any Tour Operator representative regarding any Optional Extra. You release the Tour Operator from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience or injury related to or arising from participation or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damage, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

 

18. LIABILITY

The Tour Operator and its parent companies, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be liable for (A) any damage or loss of property or injury or death of persons caused directly or indirectly by an act or omission of any other provider, including, but not limited to, any defect in any aircraft, vessel or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or interruption in any manner caused by laws, regulations, acts or failures to act, demands, orders or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fires, floods, wars, rebellion, terrorism, insurrection, disease, quarantine, epidemics, thefts, or any other cause(s) beyond its control. You waive any claim against the Tour Operator for such loss, damage, injury, or death.

In case of any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third-Party Suppliers of any services which form part of the booking contract, the Tour Operator limits its liability, where applicable, in accordance with all applicable international conventions.

The carriage of passengers and their baggage by sea is governed by the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the «Athens Convention»), which is expressly incorporated into these Terms, and any liability of the Tour Operator and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be determined solely in accordance with this Convention. The Athens Convention limits the liability of the Carrier for death or personal injury or loss of or damage to luggage and sets out special provisions for valuables. It presumes that the luggage has been delivered undamaged to the Guest unless written notice is given to the Tour Operator and/or the Carrier: (a) in case of apparent damage, before or at the time of disembarkation or redelivery; or (b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

Any damages payable by the Tour Operator up to the limits under the Athens Convention shall be reduced in proportion to any contributory negligence on your part and by the maximum deductible specified in Article 8(4) of the Athens Convention. Copies of the Athens Convention are available from the Tour Operator upon request.

To the extent that the Tour Operator may be liable to you in respect of claims arising out of carriage by sea, the Tour Operator shall be entitled to all rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall be deemed a waiver thereof.
To the extent that any provision in these Terms is rendered null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be null to that extent but not beyond.
The Tour Operator’s liability shall at no time exceed that of the carrier under its Conditions of Carriage and the applicable or incorporated conventions or other legislation. Any liability for death and personal injury and loss and damage to luggage that the Tour Operator may incur, whether under the contract with you pursuant to these Terms or otherwise, shall always be subject to the liability limits contained in the Athens Convention for death or personal injury.

Notwithstanding any provision to the contrary elsewhere in these Terms, the Tour Operator shall under no circumstances be liable to you for any loss or anticipated loss of profits, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity, or for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death or illness or which are not subject to the aforementioned Conventions, any liability which the Tour Operator may incur for the negligent acts or omissions of its suppliers shall be limited to a maximum of the price you paid for the applicable Tour, excluding insurance premiums and administrative charges. Where this relates to loss or damage to luggage or other personal possessions, the Tour Operator’s liability shall not exceed $1,000 CAD. The Tour Operator shall not at any time be liable for the loss or damage of valuables of any kind. You agree that you shall be prevented from pursuing double recovery by making the same claims and seeking recovery against both the Tour Operator and its suppliers, contractors or other third parties.

 

19. FORCE MAJEURE

The Tour Operator shall not be held liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator’s failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an act of God, war or war-like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference of authorities, political disturbances, any and all of which, wherever occurring or caused, or any other cause beyond the reasonable control of the Tour Operator or Third Party Provider of services, whether foreseeable or unforeseeable, which would make it dangerous or not viable for a Tour to commence or continue, all and each of which, individually and collectively, constitute “Force Majeure”.

 

20. IMAGES AND MARKETING

You agree that while participating in any Tour, images, photos, or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You agree that such photographs may be taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, subcontractors, and assignees, to reproduce them for any purpose (including marketing, promotions, and creating promotional materials by or with sublicensees), in any medium, whether known now or developed in the future, without any further obligation or compensation payable to you.

 

21. SEVERABILITY

If any provision of these Terms is too broad to be enforceable, that provision shall be interpreted to be only as broad as is enforceable. The invalidity or unenforceability of any provision hereof shall not in any way affect the validity or enforceability of any other provision.

 

22. CONTRACTING PARTIES AND SUCCESSORS

These Terms shall inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.

 

23. AMENDMENTS

The Tour Operator reserves the right to update or alter these Terms at any time and will post the amended Terms on the Tour Operator’s website. Any amendment shall take effect 10 days after being posted on the Tour Operator’s website. An updated copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.