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You are here: Home > Terms And Conditions

General Terms & Conditions

I. CONTRACT

  1. Any booking made or order placed by you, whether through the Company's website or otherwise, shall be deemed an offer by you to purchase the relevant travel package or other holiday arrangement. The booking must be communicated to us in writing. The person who makes the booking can also book for other members of the party; in this case he accepts the same conditions on behalf of all members of the party and he is responsible for all payments due from the party, if he has accepted this responsibility by a written statement at the same time or prior to the booking. By submitting a booking you warrant and confirm to us that you comply with our Terms & Conditions
  2. The contract between you and Southamericantravel shall come into existence, with acceptance by Southamericantravel. Upon completion of the contract, Southamericantravel will issue a confirmation invoice and send it to you.
  3. Additional agreements and alterations of the contract have to be communicated and confirmed in writing.

II. Payment

  1. With conclusion of the contract, you need to make a deposit of USD 100 per each passenger.
  2. Full payment, unless specified otherwise in the relevant travel offer or in the confirmation, must be effected 60 days prior to the travel date and must be paid by you in due time (date of receipt of payment). You will receive the travel documents - after payment was received by Southamericantravel - upon arrival in Chile at the airport from one of our staff.
  3. Any other handling, cancellation or rebooking fees are due at once.

III. Services

  1. The extent of the services agreed by contract comply with the descriptions of the services of the actual relevant offers at the stated travel period from Southamericantravel - taking into account local conditions and particularities - as well as with the content of the confirmation invoice. Other statements or promises of a third party or local city and hotel leaflets do not come into effect.
  2. The fare for a flight ticket includes transportation of max. 20 km baggage per traveller, unless otherwise stated in the travel description.
  3. Southamericantravel does not refund services, which have not been used during the trip.

IV. Alterations of services and prices:

  1. Changes or amendments of individual travel services to the contents of the contract, which become necessary after conclusion of contract and which have not been put into effect against good faith by Southamericantravel, are permitted, as long as these are minor changes, which do not change the character of the travel package completely. Southamericantravel will take every effort, to offer comparable services as replacement. We would like to point out, that Chilean hotels have the right, to rebook customers into hotels of the same or higher category in case of overbooking. In this case, there will be no refunds or compensations for customers. The same applies for Southamericantravel and no claims will be admitted. With alteration of services we especially refer to changes for important reasons, for example, changes in the flight routes, change of non-stop flights into flights with stopovers or transfer flights and vice versa, changes of flight times, dates, substitution by another airplane or another airline company, which are subject to change due to the current international flight regulations and which are thus beyond Southamericantravel control.
  2. Southamericantravel reserves the right to change services in the event of extraordinary circumstances, which are beyond Southamericantravel control and which could not be foreseen at the time of conclusion of contract, in a reasonable way; we refer in particular to changes for reasons of force majeure. In such an event, the booking can be cancelled by the customer or by Southamericantravel will endeavour to notify the customer of all changes immediately, if it is practicable to do so and unless only minor changes are involved.
  3. The customer may claim compensation, in case the amended services are faulty.
  4. If the travel date comes into effect more than 4 months after conclusion of contract, Southamericantravel reserves the right to increase the price by 5% of the total amount, if transportation costs, fees for certain services, such as harbour or airport taxes, were verifiably and unforeseeable increased after conclusion of contract, and also if considerable exchange rate differences must be accommodated. Southamericantravel will account for this increase by disclosing the basis for the calculation of the new price. A price increase can only be claimed until latest 21 days before travel date. Southamericantravel must inform the customer of such a price increase as well as alterations of central travel services immediately upon notice. If a price increase of more than 5% of the total amount comes into effect after conclusion of contract, the customer has the right to cancel the agreement at no cost or to book another travel arrangement, which is at least similar, if Southamericantravel is able to offer a tour without additional costs for the customer. In this case, the customer must assert his claim immediately after the notification of the price increase by Southamericantravel.

V. Alteration and cancellation by the customer/ Replacement by a third person

  1. Before travel date, you may cancel the agreement at any time. The day the written cancellation is received by us (within the usual working days and hours) applies. It is strongly recommended to communicate the cancellation of your booking to us in writing. In case of cancellation or No-Show without notification, Southamericantravel is entitled to demand compensation for the travel preparations and its expenditures. Southamericantravel may calculate this compensation precisely according to expenditures or based on the scale below. The following scale applies (applicable per person, Children under 2 years are not taken into consideration), unless other regulations had been specified:
  • until 46 days prior arrival: USD 100
  • 45 to 30 days prior arrival: 30%
  • 29 to 10 days prior arrival: 50%
  • 9 days or less prior arrival or No-Show: 100%

2. Every confirmed travel participant may be replaced by a third person up to the travel date, if Southamericantravel is notified of this change. Southamericantravel reserves the right to accept a third person, if he or she does not comply with the requirements of the booked tour or if a participation is prohibited by legal regulations or by official orders - in particular by the country of destination. In this case, the above cancellation regulations apply. If a third person replaces a confirmed travel participant, the contract between Southamericantravel and the confirmed travel participant remains untouched. Southamericantravel reserves the right to claim rebooking costs from the third person in addition to the original price, however, as minimum USD 100,-

3. Changes of tours to another date must be agreed to by Southamericantravel, unless the confirmed participant can replace the originally booked tour with a third person . For a rebooking, Southamericantravel may demand payment of a cancellation fee, which is based on the additional costs occurred. Otherwise Southamericantravel calculates confirmed rebookings on effective handling charges, and as a minimum USD 100,-

VI. Travel insurance:

  1. You are strongly recommended to take out travel insurance.

VII. Special charges:

  1. All special charges, which may result or occur in relation to changes of the determined travel route which the customer may need to alter on his own behalf (e.g. costs, which occur if customers arrive to late for the return flight or too late for excursions or in case the customer must return before the determined travel date for reasons of illness, accident etc.) shall be paid by the customer with immediate effect to the corresponding claimant. If Southamericantravel, in case of emergencies, takes over payments on behalf of the customer, these amounts must be reimbursed immediately after termination of the tour.

VIII. Cancellation /Refusal by Southamericantravel:

  1. Southamericantravel can terminate the arrangement with you, if you, despite a dissuasion, behave in a way which interferes with the tour or to such an extent that it causes offence or danger to others, which would justify a termination of contract with immediate effect. If the arrangement is terminated by Southamericantravel, there will be no refund of the amount paid for the tour; there may be a payment of compensation of expenses for some services, if these were credited or reimbursed to Southamericantravel by the relevant supplier.
  2. Southamericantravel reserves the right to terminate the arrangement, if you do not settle the agreed amount for the relevant tour (see above under figure II) in due time. In case of termination because of delay in payment, Southamericantravel is entitled to claim a compensation according to the scale shown under figure V.1 or calculate the exact loss, in which case instead of receipt of a cancellation of contract from the customer, the customer receives a cancellation of contract from Southamericantravel. In case of disagreement, the customer needs to prove that no loss occurred for Southamericantravel or that the expenses are considerably lower than the demanded compensation money.
  3. If one of the travel offers is disclosed as being subject to a minimum number of participants, the contract concluded with the customer, comes into effect only if this minimum number is reached. If the agreed minimum number of participants is not reached until latest two weeks before departure date, the arrangement is terminated between you and Southamericantravel, unless Southamericantravel declares explicitly that the tour will be arranged in spite of the low number of participants. In this case of cancellation, Southamericantravel will fully refund the amount, which was already paid for the tour by you. No further compensation is payable. Southamericantravel is obliged to inform the customer immediately, if the minimum number of participants is not reached.

IX. Cancellation of contract due to Force Majeure:

  1. If the tour due to unpredictable happenings (e.g. War, threat of war, riots, natural disasters, epidemics, change of health regulation in country of destiny after conclusion of contract, strike of airport personnel, air traffic controller or customs officers in country of destination, or any unforeseeable or unavoidable event beyond the Company's control) is hampered, endangered or in another way impaired, the customer or Southamericantravel are entitled to terminate the contract. If the contract is cancelled, Southamericantravel reserves the right to claim compensation for expenses that may occur until termination of the tour (for example extended hotel nights etc.).
  2. In case of cancellation for the reasons mentioned under IX.1, Southamericantravel is obligated to take all necessary measurements, which result from the cancellation of the agreement, especially with regard to transport - if this was part of the contract - the customer back to the destination. Possible additional costs for the transportation (e.g. transport by other airlines with higher fares) must be born by the customer.

X. Liabilities

  1. Southamericantravel is liable in due diligence of a scrupulous merchant for diligent travel preparations, careful selection and monitoring of the suppliers, correctness of the described services which are presently on offer, and for the realization of the services agreed by contract in consideration of the local conditions and particularities, but Southamericantravel has no liability for any contents of other city or hotel leaflets not published by Southamericantravel.
  2. Southamericantravel is liable, if one of its contracted staff does not fulfil the contracted services, but this liability is limited to the travel conditions named under figure XI.
  3. If within a travel arrangement, additional transportation with a line operation is organized, for which the customer receives a boarding ticket, then Southamericantravel is effecting external services. Southamericantravel cannot be held liable for the fulfilment of the transportation services. For liabilities please check the transportation regulations of the relevant company, who will be solely liable to you.

XI. Limitation of liability:

  1. Liability of Southamericantravel is limited or excluded to the extent of which liabilities of other suppliers are also limited or excluded on behalf of legal regulations. If Southamericantravel takes the position of an air transportation carrier, then the transportation is subject to the limited liability regulations of the Warsaw Convention, Den Haag, Guadalajara and the Montreal Convention. The Warsaw Convention limits the liability of an air carrier in case of death, personal injury or lost or damaged baggage.
  2. You are strongly recommend to take out a travel accident and lost baggage insurance.

XII. Guarantee

  1. Corrective action - If the tour is not carried out according to contract, the customer is entitled to claim corrective actions. Binding contract regulations are determined by the service descriptions, but also depend on the local conditions and particularities of the country of destination. Southamericantravel reserves the right to refuse corrective actions, if this would cause unreasonable efforts. Southamericantravel is entitled to take corrective actions in such way that services are replaced by similar services or services of higher quality. The customer can only refuse such replacement of services for objective reasonable reasons. The customer must ask Southamericantravel to take corrective actions immediately. Only if contacting Southamericantravel (Phone, fax, e-mail) is not possible, the customer can claim corrective actions directly from the local tour guide of the supplier or the supplier itself.
  2. Reduction of price - For the duration of the lack of a certain service during a tour until Southamericantravel has taken corrective measures, you may demand a reduction of the original price (price reduction). This reduction cannot be claimed, if you fail to inform Southamericantravel or the relevant supplier immediately, which would allow them to solve the problem.
  3. Cancellation of contract In case of severe impairment of a tour due to a deficiency, you can only terminate the contract after you have informed Southamericantravel about the problem, and after you have allowed appropriate time to enable Southamericantravel or a representative to solve the problem and if this problem was not solved in this period of time. In case the cancellation is justified, Southamericantravel can claim compensation for services, which are carried out until termination of the tour.
  4. If on behalf of Southamericantravel there is a deficiency during the tour, you can claim damages. You can only claim damages, if you have informed Southamericantravel about this problem and asked for resolution of the problem.

XIII. Obligation to co-operate

  1. If you do not receive your travel documents in time, Southamericantravel must be informed immediately.
  2. You are obligated, in case there might occur deficiencies in the services , to take all reasonable measures, to help to solve the problem and to prevent further damage or to keep the damage to the minimum. You must file your claims immediately with Southamericantravel, or the tour guide of a supplier or the supplier itself. These are authorized to solve the problem, if at all possible. If you fail to file your claim by your own fault, you have no right to claim a reduction.

XIV. Exclusion of claims:

  1. Claims if services of the contract have not been fulfilled, must be filed immediately by the customer with Southamericantravel. This applies also, if the customer has already informed Southamericantravel of a problem during his trip. It is recommendable to file a claim in written form.

XV. Passports, Visa, Customs and Health Requirements:

  1. You are responsible yourself to comply with applicable passport, visa, customs and health requirements. This information can be obtained at the relevant institutions (Consulate, Customs Offices, etc..).
  2. You must obtain all requirements yourself, unless Southamericantravel explicitly stated to take care of the procurement of the visa or other necessary certificates.
  3. You are yourself responsible to comply with all regulations applicable to take part in the tour. If you fail to do so, you will be solely responsible for any cost, loss or damage which incurs as a result of your failure.

XVI. Place of jurisdiction /Applicable law / Invalidity of provisions:

  1. The contractual relationship is subject to Chilean Law.
  2. The customer can take Southamericantravel to court only at its head office (Puerto Varas, Chile).
  3. In case Southamericantravel brings a claim against the customer, the residence of the customer applies.
  4. In case one or more of the provisions contained in this contract should be or become invalid, the validity of the remaining provisions of the contract shall not be affected.