Travel Services - General Terms and Conditions

La Tierra como solía ser S.A. (the “Company”) (License No. 11,986), the tour operator responsible for the travel services advertised through Patagonia-argentina.com, acts only as intermediary between travelers and relevant travel services providers. Our services are rendered under the following general terms and conditions:

• Our prices include : All services specifically described in each itinerary. Prices are shown in US$ (US Dollars) and are subject to change without notice before full payment of services purchased.

• Our prices DO NOT include:

• Visa charges or handling

• Passport charges or handling

• Tips and gratuities to guides, drivers, bellboys, cruise staff and other service personnel.

• Transfers (unless specified).

• Baggage excess.

• Airport taxes at specified destinations.

• Admission tickets to National Parks, Natural Reserves, or Fauna Reserves that are not included in the itinerary

• Any extra charge that is not adequately specified in the itineraries

• Reservations:

• A 50% down payment at the time of booking is required. The balance is due 30 days before commencement of the tour. Full payment in advance is required to hold reservations made within 30 days from commencement of the tour.

• In the case of cruises, expeditions, or any other non-traditional tour, a 50% down payment at the time of booking is also required. The balance is due 90 days before commencement of the tour. Full payment in advance is required to hold reservations made within 90 days from commencement of the tour.

• If any balance is not fully paid by the date specified, the company may cancel the tour without any refund whatsoever.

• Prices shall be final and subject to no change once payment in full has been made.

• If price increases or exchange rate fluctuations force a substantial and justified increase of the agreed-upon price, and the traveler is not willing to pay such an increase, all payments made will be refunded in full, less any applicable banking charge.

• The company reserves the right to change hotel bookings should there be no accommodation available. In such a case, an alternative similar hotel will be provided. Should there not be similar hotels available, accommodation at higher or lower category hotels shall be provided. Should there be any cost difference, the price shall be adjusted accordingly.

• In the event the tour is shortened or extended due to force majeure or unforeseeable circumstances beyond the company’s control, any related expenses shall be the exclusive responsibility of travelers.

• Cancellations:

  By the Company :The Company reserves the right to cancel a tour with justified cause, under the following circumstances:

• Upon the occurrence of a force majeure event, the traveler will receive a full refund, less any applicable banking charge.

• If the required number of reservations has not been obtained for trips requiring a minimum number of travelers as provided for by Act 18,829, a 30-day written cancellation notice shall be sent to the traveler, who will receive a full refund, less any applicable handling & banking charges.
  
  By the Traveler : All requests for cancellations must be made in writing to the Company.

The following cancellation fees (once the percentage for the provider/s has been deducted) will apply:

• Cancellation received 45 to 31 days prior to tour date: 25%

• Cancellation received 30 to 15 days prior to tour date: 50%

• Cancellation received 14 to 7 days prior to tour date: 75%

• Cancellation received less than 7 days prior to tour date: No Refund.

• Notwithstanding the type of advance cancellation notice the traveler may give, reservations made for long weekends, Easter, high season, Christmas and New Year’s Eve holidays will have non-refundable amounts.

• Once the tour is in progress, the voluntary cancellation policy shall apply.

Travelers that voluntarily cancel any of the tour services shall be entitled to no refund. There will be no refund for unused services, including transfers and hotel bookings.

• Claims:

- Claims must be made in writing within 30 days after tour completion or after the event that provoked the claim, and sent to the following e-mail address:
"reclamos @ patagonia-argentina.com" (please remove spaces around the @ sign).
No claims shall be accepted after such 30-day period.

- In the case of claims resulting from any reason whatsoever, both the traveler and the Company expressly submit themselves to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, (Tribunales Ordinarios de la Ciudad Autónoma de Buenos Aires), Argentina, waiving any other jurisdiction or venue to which they may be entitled.

• Documents:

It is the traveler’s sole and exclusive responsibility to have all required documents for the trip. The traveler must have a valid passport and any required visas according to the itinerary chosen. The traveler shall not be entitled to any refund if he or she fails to comply with the above requirements. Travelers will have to pay any expenses resulting from their failure to produce any required documents, in which case the voluntary cancellation policy shall apply. The same shall apply if any country’s authorities deny the traveler entry into their country.

7- Liability:

• The Company hereby expressly represents that is acting as an intermediary between travelers and entities or persons providing the services described in the itineraries. Consequently, the Company shall not be liable for any deficiency, nor for any accident, damage, injury, delay or irregularity in the services provided.

• The Company makes every effort to keep all information posted on the website Patagonia-argentina.com updated; provided however, neither the Company nor Patagonia-argentina.com shall be liable for damages resulting from any errors and omissions in the information provided on the website.

• The Company hereby disclaims any liability resulting from any delay, advanced departure or cancellation established by airlines or other carriers, and any and all costs arising therefrom shall be borne by travelers.

• If tours do not have the required minimum number of travelers or if due to any justified reason the Company is forced to cancel any trip, enrolled travelers shall only be entitled to a refund of amounts paid, expressly waiving the right to assert any other claim.

• The Company assumes no liability for hotel grading criteria or hotel compliance monitoring. Tour packages and itineraries sent to travelers show hotel grades as officially assigned by local tourism authorities.

• The Company does not guarantee the handling of baggage and personal items, and travelers assume complete and full responsibility therefor. Travelers are therefore advised to obtain appropriate travel insurance coverage against this risk.

• The Company assumes no responsibility by reason of bad weather conditions, demonstrations, riots, war or war rumors, or any Act of God or force majeure events outside the control of either party that may adversely affect the tour.

• The use of air or land transportation by travelers implies a direct relationship between carrier/s and travelers. Travelers are advised to obtain flight cancellation insurance, although the Company does not offer this type of insurance.

Customer's acceptation

The customer declares to understand and accept the conditions described in this page, and such acknowledgment will be reconfirmed by any of the following events:

1. Payment of the hired services by any means of payment.
2. Reception of the receipt for the aforementioned services.
3. Using any of the parts of the services that have been hired.

Terms and conditions may vary at any time without prior notice, please check this page for updates, changes or additions.

Last Updated: October 14th. 2004