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.