Our commitment to you: Your contract is with Chile Mountain Tours Limited (hereinafter also referred to as ” CMT” or “we” or “us”), of Crown Chambers, Bridge Street, Salisbury, United Kingdom, registered in England under Company No. 8549903. All holidays you book with us are organised and sold subject to the following conditions:
Booking and Payment
- To confirm your booking you are required to pay a non-refundable deposit of 5% of the trip price. Your balance must be paid by the due date shown on your invoice or in correspondence and failure to do so may result in the cost being increased or ultimately cancellation. Once we receive your deposit and having accepted your booking form, the contract between us will become binding and we will send you an invoice for the balance and advise you of the date for payment of the same. All our prices are quoted in UK Sterling. Payment will be accepted by:
- Cheque (please allow 10 days from postage to clearance).
- Bank Transfer (details available from our office).
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require travel companies to provide security for the monies that consumers pay for certain types of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. We provide this protection by way of a trust account controlled and administered by Serenity Travel Trust, an independent firm of travel specialist solicitors. All money that you pay to us for travel arrangements requiring financial protection will be paid into a separate and designated Serenity Travel Trust bank account and will remain there until you have completed your contracted travel arrangements. This means that in respect of all arrangements requiring protection, in the event of our insolvency, funds will be available to ensure that you are not left stranded abroad or will receive a refund of the money you have paid for an advance booking. For further information go to the www.serenitytrust.co.uk consumer zone.
Cancellation of Booking
- Any cancellation must be notified in writing by the person who made the booking. If you cancel your holiday:
a)More than 70 days prior to the start of your holiday, you will only be charged your deposit.
b) Between 70 and 30 days, you will be charged 50% of the holiday cost.
c) Less than 30 days before the start of your holiday or on or after the commencement of the holiday, you must pay the full holiday price.
We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out insurance against irrecoverable cancellation cost (see Point 10 below). You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.
Changes or Cancellation by Us
- Before you enter into a contract with us, we reserve the right to change any of the facilities, services or prices described in our brochure or website. We also reserve the right to cancel the holiday. For example, if the minimum number of clients required for a trip is not fulfilled, we may have to cancel your holiday (if we cancel for this reason we will notify you at least 6 weeks prior to departure). It is unlikely that we will have to make any changes to your holiday, however we do plan the arrangements months in advance. Any changes are usually very minor, and we will advise you at the earliest possible date. If a major change becomes necessary, we will inform you as soon as reasonably possible, if there is time before your holiday begins. A major change is: an alteration to the start or finish time of your holiday by more than 12 hours; a change of holiday location; or a change to a lower standard of accommodation. When a major change or cancellation occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us, or cancelling your holiday. We will refund all payments made directly to us in respect of the holiday cost. We will not however be in a position to refund any personal expenses you may have incurred as a result of your booking such as flight payments for land-only trips, travel insurance, photograph & video equipment purchases, visas, vaccinations etc. Where a major change or cancellation arises from circumstances amounting to force majeure (see point 15), we will endeavour to refund all sums as yet unpaid by us to our suppliers, however it is your responsibility to claim the remainder of any irrecoverable payments and charges from your travel insurers. See also points 5 and 10.
- Any information provided by CMT on such matters as climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of CMT.
Adventure Travel and Client Responsibility
- It is a fundamental booking condition that you accept the hazards involved in this sort of trip and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the trip dossier is indicative only and not a guarantee that a particular route will be followed or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment, details of which will be sent to you at the time of booking. If, in the opinion of the CMT Guide or Staff, your fitness or equipment may compromise the safety of a trip we reserve the right to cancel or terminate your holiday. In these circumstances you will not be entitled to a refund or compensation.
Missing the Group Transfer
6. The trip group will need to depart at the advertised time. If for any reason you will not make the advertised time please call a CMT representative on one of the contact numbers advertised towards the end of these booking conditions to let them know. You may need to organise and pay for a private transfer when you arrive at the airport. This may be covered on your insurance. Please check your policy.
- Failure to book and pay for ski carriage in advance could mean that the airline may refuse the carriage of your skis when checking in at the airport or may make an extra charge at the airport. Please check luggage conditions with your airline.
- Check your passport is up to date. Some countries require that your passport is valid for a further 6 months from the date of your return.
- Accommodation is usually in twin or double rooms unless stated otherwise and we request that clients who book individually share a twin room. Requesting a single room may attract a supplement. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced for the relevant amount. Please note that on some itineraries single accommodation is not available.
Personal Travel Insurance
- It is a condition of booking that you are insured against medical and personal accident risks. This must cover you for the activities undertaken and include repatriation costs, air ambulance and helicopter rescue services and cancellation and curtailment. We also recommend that you take out insurance which includes baggage cover. It is your responsibility to ensure that the insurance cover you purchase is adequate and you must complete the declaration in the booking form to confirm this. You must provide proof of your insurance to our office (i.e. your insurance certificate) prior to departure. If you cannot provide this documentation, we reserve the right to cancel your booking at any time prior to the departure date.
In the event of emergency medical rescue and/or repatriation from a trip by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover be in place.
All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment. We therefore recommend that your insurance policy include cover for baggage and personal items
Medical & Dietary Conditions
- If you are affected by a medical condition which may affect your or other people’s enjoyment of the holiday, you must advise this at the time of booking. Similarly you must advise us of dietary conditions and preferences at the time of booking.
Independent Travel Arrangements
- We will not be responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose to leave) or after the holiday.
- If you have a complaint about the holiday you should make it known to your guide at the earliest opportunity. If you feel your complaint has not been properly dealt with we shall endeavour to agree a settlement with you. Any outstanding complaint not resolved during the trip should be notified to us in writing within 30 days of the scheduled date of return.
Our Liability & Compensation
- (1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a)the act(s) and/or omission(s) of the person(s) affected;
(b)the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c)unusual or unforeseeable circumstances beyond our or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c)Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
- Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our control or that of the supplier(s) concerned. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
- “Personal Data” is any data that identifies you. The Personal Data which you supply to us you agree will be true. We will deal with your Personal Data in compliance with the current UK Data Protection Act 1998.
Personal Data will be collected, processed and used by CMT for the purposes of providing the CMT service to you and the other purposes mentioned below. Personal Data may also be processed and used by such other organisations on our behalf for the purpose of providing the CMT service to you. The use of information will remain under the control of CMT at all times and WILL NOT BE SHARED WITH OTHER COMPANIES not involved in the supply of CMT-related services
Photographs & Video
17. CMT reserves the right to use photographs and video taken during the delivery of its holidays for reproduction on the CMT website or in other CMT marketing communications, including but not limited to print or online, without further consideration, accreditation or compensation. CMT reserves the right to crop or treat the photographs/video at its discretion. Full names will not be used unless participants express their desire to be identified.
Variation of Booking Conditions
- The booking conditions may only be waived by a Director of CMT. When you sign the booking form you agree to accept all these booking conditions, and when we accept your booking we agree to carry out our obligations to you as defined in holiday information provided to you. Both sides of this agreement are made subject to, and must be interpreted and enforced according to English Law in an English Court.
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