General conditions
The following terms and conditions explain the rights and obligations between the passengers / travelers and Explora. With registration or buying of our trips it is established that the client takes note of all terms and conditions and with its signature agrees to comply with all of them. For the website, programs, tours and excursions the terms and conditions of “Logistur”, the airlines, the hotels and other service providers involved in the realization of your tour apply. The published information on this website is protected by copyright and may not be copied without permission. Nevertheless the end user (traveler) is free to take information for planning and realizing his private trip. LOGISTUR is not responsible for the accuracy and the topicality of the linked pages found on the website.
1) Reservations
1.1. With the travel registration which can be performed verbally, via telephone, in writing, via fax or online, the interested party offers the binding conclusion of a travel contract to Explora, based on the trip itinerary, all of the relevant information and explanations as well as these terms and conditions. 1.2. If the content of the trip confirmation differs from the content of the registration, this constitutes a new offer from Explora , to which Explora is bound for 10 days. Within this period the traveler can explicitly or conclusively accept this offer, also by making the down payment or the outstanding payment, and the contract is entered into based on the new offer. 1.3. The traveler is responsible for his own contractual obligations as well as those of the people on whose behalf he booked the trip, as long as he took the according obligation by an explicit and separate declaration.
2) Payment
1.2. 2.1. After the conclusion of a contract, a down payment of 20% is due; this will be allowed for the whole tour price. The down payment has to be made within 7 days after receiving the invoice. If booking flights, the price for the flights is due immediately. The outstanding payment has to be made until 30 days before departure. 2.2. Provided that Explora is able and ready to perform the tour, the traveler has no claim for receiving the travel documents or the use of agreed travel services as long as the tour price has not been paid completely. 2.3. In case of bookings taking place less than 30 days before departure, the complete tour price has to be paid immediately after delivery of the travel confirmation.
3) Withdrawal and change of reservation
3.1. The traveler can withdraw from the travel contract at all times. Relevant is the date on which Explora receives the declaration of withdrawal. It is explicitly recommended to declare withdrawal in written form. 3.2. In case of withdrawal or default of the traveler, Explora is entitled to the following phased blanket compensations for expenses and the measures taken for the trip. Saved expenses and possible partly other use of travel services are considered in these calculations: Up until 40 days prior departure: 20% From day 39 to day 20 prior to departure: 40% From day 19 to day 10 prior to departure: 60% From day 9 to day 4 prior to departure: 80 % Afterwards: 100% In addition Explora can claim effectively occurred additional costs from the customer. In case of cancelation of trips to the Galápagos Islands, river and sea cruises, expeditions etc. the cancelation terms and conditions of the respective operator apply. 3.3. If changes considering the travel date, destination, departure location, accommodation or transport method are made upon your request after booking a program for a date within the scope of application of the travel proposal, feasible rebooking will be charged with USD 50,- for each rebooking process up until day 30 before departure. Later rebooking is only possible by cancelling the travel contract according to these conditions and accepting a new contract. With flight bookings changes might be subject to higher costs or might not be possible at all. 3.4. Until the start of the trip, the traveler can demand that a third person travels in his stead and takes over the rights and obligations of the travel contract. Additional costs resulting from this change have to be paid by the client, at least a fee of USD 50, - will be charged. The person entering the contract and the original traveler bear the liability for the price of the trip and all additional costs resulting from the entry of the substitute person as joint debtors. Explora can object to this change, if the substitute person does not meet the special requirements for the journey or if legal provisions or administrative orders oppose his participation. Reasonable modifications and deviations of separate travel services (e.g. travel route or hotels) from the agreed content of the travel contract, which became necessary after the conclusion of contract and which are not caused in bad faith by Explora, are permitted as long as they are reasonable for the traveler and do not impair the overall itinerary of the booked trip. The traveler will be immediately notified of such modifications or deviations.
4) Price changes after reservation
The tour operator reserves its right to change the price as agreed upon in case of increase in transportation costs or fees for certain services such as port or airport charges, according to the following: If transportation costs and especially fuel costs increase after the conclusion of contract, the tour operator can raise the price of the trip according to the following calculation: In case of an increase based on seats, the tour operator can demand the increased costs from the traveler. In other cases, the additional transportation costs claimed by the transportation company per means of transport will be divided by the number of seats of the agreed means of transport. The tour operator can demand the resulting amount of increase from the traveler. If fees such as port or airport charges valid at the time of the conclusion of contract are increased for the tour operator, the price of the trip can be raised by the correspondent proportionate amount. An increase after the conclusion of contract is only permitted as long as the time span between the conclusion of contract and the departure date is more than 4 months and the circumstances responsible for the increase have not occurred and could not have been anticipated by the tour operator at the time of the conclusion of contract. In case of a later change of the price of the trip, the tour operator has to immediately inform the traveler. Increases in price later than 20 days before departure are ineffectual. In case of increases in prices of more than 5% the traveler is entitled to the termination of the contract without charges or to the participation in another trip of at least equal value, if the tour operator is able to offer such a trip from its offering without additional costs. The client has to assert this claim immediately after receiving notice of the increase in price from the tour operator.
Withdrawal and change of reservation by Logistur ltda.
08.1 Explora reserves the right to cancel the travel contract without notice if the traveler disturbs the trip despite an appropriate warning from Explora or behaves contrary to contract in such way that a continuation of the contractual relationship until the agreed end or until the end of a termination period is unbearable. In this case Explora reserves the right to the travel price less the saved expenses and, if applicable, the reimbursements made by service providers and similar benefits which Explora gains from the other use of the unclaimed services. Any additional costs incurred for the return transport are to be borne by the disturber. 8.2 Liability of the touristic company: LOGISTUR guarantees the compliance with the described itineraries and services, but explicitly indicates that the company acts as an organizer and agent between the traveler and the different service providers (travel agency, transport companies, hotels and restaurants etc.) and therefore does not accept liability for errors in services of the provider or for unforeseeable cases/force majeure. Nevertheless LOGISTUR makes all efforts to ensure a timely service delivery on the part of the provider. The travel contract can be cancelled by Explora as well as by the traveler in case of force majeure which could not have been foreseen when concluding the contract and which would considerably impede or endanger the trip. In case of such termination Explora can claim an appropriate reimbursement for all services provided and services to be provided until the end of the trip. In this case Explora is obliged to take necessary measures. This especially refers to the return transportation of the traveler, in case the contract includes the return transportation. Additional costs incurred by the return transportation are to be borne by the traveler and Explora in equal shares. Other additional are to be borne by the traveler. If the traveler does not make use of separate travel services as a result of an earlier return due to illness or other reasons for which Explora cannot be made responsible, the traveler has no claim for proportionate reimbursement. Explora will however pay saved expenses to the traveler as far and as soon as they have effectively been reimbursed to Explora by the individual service providers.
Insurance
A travel and cancellation insurance is not included in the tour price. We strongly recommend obtaining such insurance. Furthermore we recommend special health insurance for your trip.
Data collection and use
All data collected in relation to booking of a trip and the sending of documents are only used internally for customer service and proper performance of the trip. All personal data which Explora is provided with by the traveler for the execution of his trip will be protected against improper use.
Masthead
Seat: Logistica y Turismo Ltda. Logistur Bandera 537/ of. 43 Santiago de Chile; tax identification number (Chile) RUT: 52.0050434-0 Copyrights: © 2013-2014 Logistur