Terms & Conditions.
Please read the following notice, as it forms part of your contract with Horizonte Tours S.R.L, and clearly lays out what you have agreed with us. Horizonte Tours S.R.L, will endeavour to ensure you have a smoothly-run and enjoyable tour. Horizonte Tours S.R.L therefore accepts bookings subject to the following conditions:
I. Your Holiday Contract
· Your tour may be booked verbally or in writing, by telephone, fax, e-mail, on HORIZONTE TOURS S.R.L's website, or through a travel agent authorised to act on our behalf.
· By making the booking, you agree to the completion of a contract with HORIZONTE TOURS S.R.L. Under normal circumstances, HORIZONTE TOURS S.R.L will inform you immediately whether or not your booking can be confirmed, however you are bound by your booking for 7 days from the date when it was received by HORIZONTE TOURS S.R.L. After this period has elapsed, no obligation exists on either side. Your booking is made based on the tour descriptions on HORIZONTE TOURS S.R.L's website and in our brochures, on other supplementary information issued by HORIZONTE TOURS S.R.L, and these Terms and Conditions.
· A tour reservation is accepted and becomes definite only when HORIZONTE TOURS S.R.L or its agent confirms your booking. It is at this point that a contract between HORIZONTE TOURS S.R.L and the client comes into existence. The booking confirmation has no prescribed form. If your booking was made electronically (by e-mail or on the website), you will receive confirmation by e-mail. If you book by telephone (which is legally binding) you will immediately be sent an e-mail confirming your booking.
· If the confirmation you receive differs from your reservation, you must inform HORIZONTE TOURS S.R.L within 7 days, otherwise the confirmation you receive forms the basis for the contract. In this case, you will be deemed to have accepted the contract if you tell us verbally or in writing that you have done so, or if you pay any amount in advance, make full payment or start the tour.
· Whether you are making a booking for yourself or on behalf of another person or persons, when making the booking, you undertake to be bound by these Terms and Conditions on behalf of all those travelling, and are responsible for ensuring that all obligations are fulfilled.
· Once the contract has come into force (i.e. the booking has been confirmed), a deposit of 20% of the total tour price is due within 72 hours.
If the deposit is failed to be made in time, the booking confirmation and the resulting contract become invalid.
· The balance of all monies due must be received by HORIZONTE TOURS S.R.L or their agent not later than 4 weeks before departure, as long as it is certain that the trip cannot be cancelled under the terms of clause VII.
· Should you wish to cancel, cancellation charges will be imposed as in clause V, and are due immediately.
· In the case of non-payment of the deposit and/or balance by the due date, HORIZONTE TOURS S.R.L will send you a notice of late payment with a final payment date. If your payment is not received by this date, HORIZONTE TOURS S.R.L reserves the right to cancel your booking, and cancellation charges will apply as in clause V.
· If more than 31 days have passed since you received confirmation of your booking, and the agreed payment has not been received, HORIZONTE TOURS S.R.L has the right to charge interest on late payments, at a level set by law. · If HORIZONTE TOURS S.R.L is in a position to provide the services as agreed in the contract, and you have no legal right to hold back payment, then you are not entitled to benefit from the services without paying the full amount as agreed in advance.
III. Changes to your holiday
· HORIZONTE TOURS S.R.L is only obliged to provide the services defined in your booking confirmation, and as advertised on our website or in our brochure or flyers valid at the date of travel, taking into account any information, explanations or stipulations contained within these.
· Neither HORIZONTE TOURS S.R.L's suppliers and agents, nor any employee of these, has authority to vary or omit any of the terms of the contract, or give any guarantee or provide information that goes beyond or contradicts the contents of the contract (as per your booking confirmation).
· HORIZONTE TOURS S.R.L reserves the right to make changes and modifications to the advertised tour, should these become necessary after the contract has been concluded, so long as these are made in good faith, the changes are not major, and they do not affect the general character of the tour. Your statutory rights remain unaffected, should the modified tour arrangements be deficient. HT is obliged to inform you immediately if a major change or modification is necessary. If advised of a major change to a significant part of the tour, you have the option to cancel the tour with a full refund but without any right to indemnification of any kind from HORIZONTE TOURS S.R.L.
HORIZONTE TOURS S.R.L reserves the right to vary the price of your holiday in relation to changes in transportation costs, including the cost of fuel, or the exchange rates applied to the particular tour, as follows:
· increased fuel costs cause an increase in the cost of transport, the tour price as agreed in the contract may be increased proportionally.
· where exchange rates have moved after the conclusion of the contract, the tour price may be increased by the amount of the extra cost to HORIZONTE TOURS S.R.L.
· the price of your holiday may only be increased if the period between booking and departure is more than 2 months, and the circumstances responsible for the increase did not exist and were not foreseeable at the time the contract was concluded.
· if the tour price is changed after the contract has been concluded, HORIZONTE TOURS S.R.L must inform you immediately. We will not vary the price of your holiday less than 20 days before the start of your tour. If we impose a surcharge which means paying more than 30% of your tour price, you will be entitled to cancel your holiday with a full refund of all monies paid to us, or to take part in another tour of at least equivalent value, subject to this being available at the price agreed in the original contract.
V. Changes to the booking and cancellation by the client
· You may cancel your booking at any time before starting the tour. This will lead to cancellation charges being imposed.
· Cancellation charges are calculated from the day notification is received by HORIZONTE TOURS S.R.L or their agent, as a percentage of the total price, as shown below:
· Group Tours
· 90 and more days before departure: 20%
· 89-31 days before departure: 40%
· 30-11 days before departure: 60%
· 10-1 days before departure: 100%
· Motorbike Rental (without tour)
· 30-11 days before departure: 30%
· 10-1 days before departure: 50%
· To rent a Motorcycle or book a tour with HORIZONTE TOURS S.R.L the Protocol of Motorcycle Rental from HORIZONTE TOURS S.R.L has to be fulfilled.
· Clients are strongly recommended to purchase travel and cancellation insurance.
· Within the framework of existing legislation, you have the right to transfer your booking to another person. Where this gives rise to anything other than minor costs for HORIZONTE TOURS S.R.L , an administration fee of 50US$ will be charged.
VI. Unused services
· If you retire from the tour early, due to ill-health or other personal reasons, you cannot claim compensation for any unused services.
HORIZONTE TOURS S.R.L will, however, try to obtain compensation from our suppliers (e.g. hotels, ferry operators, etc.), and, if successful, will return these monies to you as soon as they are returned to us by the suppliers.
VII. Cancellation by HORIZONTE TOURS S.R.L.
· HORIZONTE TOURS S.R.L reserves the right to cancel the tour contract at any time, should your conduct at any time before or after departure appear likely to endanger the safe, happy or comfortable progress of the tour, or should you act contrary to the contract to such a degree, that the cancellation of the contract is justified. Should this be the case, you have no right to any refund or recompense.
· If the minimum number of bookings required to run a tour (as stated in the tour description in brochures and on the website) is not met, HORIZONTE TOURS S.R.L may cancel the tour within 4 weeks of departure, with the following stipulations:
· HORIZONTE TOURS S.R.L is obliged to inform you immediately as soon as it is certain that the tour will not go ahead, due to the minimum number of bookings not being met.
· If HORIZONTE TOURS S.R.L cancels the tour, you are entitled to take part in another tour of at least equivalent value, subject to this being available at the price agreed in the original contract. If you wish to claim this entitlement, you must inform HORIZONTE TOURS S.R.L without delay after receiving notice of the cancellation.
· In the case that the tour has to be cancelled due to mayor force or reasons not foreseeable by HORIZONTE TOURS S.R.L, we are allowed to cancel the tour contract until 24hrs before the tour. You are entitled to take part in another tour of at least equivalent value, subject to this being available at the price agreed in the original contract. You have the right to claim the refund of the entire tour price, but without any right to indemnification of any kind.
· The participation of the tour operator as a tour guide throughout the total of the tour is a necessary condition to perform the tour. In case of incapacity of the tour operator to guide the tour because of serious health problems, injury, death etc., the tour participants will be informed as soon as possible and the tour contract will be cancelled, not without the tour operator being obliged to recompense the total of the tour price. You have no right to indemnification of any kind.
VIII. Passports, Visas and Health Regulations
· You are responsible for arranging, and must be in possession of, a valid passport, and any visas and vaccination or other certificates required for the whole of your trip. You will have to bear any consequences of not adhering to these regulations, including any travel cancellation costs arising, unless this is due to culpably false information on the part of HORIZONTE TOURS S.R.L.
· Should you have a complaint about any of the tour arrangements, you must tell the tour guide or the local agent at the time, and ask for the problem to be remedied. Failure to complain on the spot will result in your ability to claim compensation from HORIZONTE TOURS S.R.L being extinguished or at least reduced.
· Our tour guides, suppliers and agents are not authorised to accept liability for any claims or recognise any deficiencies on behalf of HORIZONTE TOURS S.R.L.
· If there is a serious failure in the tour arrangements identifiable to HORIZONTE TOURS S.R.L, you are entitled to cancel the contract. The same is true if your enjoyment of the tour is adversely affected by such a failure, in a way that is obvious and identifiable to HORIZONTE TOURS S.R.L. The cancellation is only valid after a reasonable period of time, specified by you, has elapsed without HORIZONTE TOURS S.R.L, its tour guide or local agent having remedied the failure. If remedy is impossible, is refused by us or our authorised personnel, or if for any reason, immediate cancellation of the contract by you is justified, then it is not necessary to specify a time limit.
· Any claim you may wish to make against HORIZONTE TOURS S.R.L, in connection with the tour contract or the services provided by us, for whatever legal reason, may only be made after the tour has ended, and must be made within 30 days of the tour end date specified in the tour contract. · All claims must be made to the address given below. It is strongly recommended that any claim be made in writing.
X. Limitation of Liability
· The client accepts that HORIZONTE TOURS S.R.L´s contractual liability with respect to material damages is limited to a maximum of 50% of the actual value of the items. HORIZONTE TOURS S.R.L is free of any liability where the damage has been caused deliberately or through negligence on the clients part.
· HORIZONTE TOURS S.R.L is not liable for failures in services which are solely brokered by us for external suppliers (e.g. flights, optional activities and excursions, etc.)
XI. Limitations Regarding Claims
· If you wish to make a claim against HORIZONTE TOURS S.R.L, you must do so within 30 days of the tour end date specified in the tour contract, otherwise the claim is invalid.
· You may not transfer your right to make a claim arising from a tour to a third party (including your spouse), for any legal reason, nor may they make the claim in their own name.
XII. Applicable Law and Court of Jurisdiction
· The resolution of any claims or conflicts is subject to the exclusive jurisdiction of the relevant courts of the Capital Department of Salta Province, Argentina. All parties to the contract agree to submit to the jurisdiction of the relevant Argentinean courts, and to no other. The legal residence of each party to the contract is fixed, and is as stated in the contract.
· The contract, including all matters arising from it, is subject to Argentinean law. This inclusive the type and amount of any potential claims to be paid.
· Tour Operator: Horizonte Tours S.R.L.
· Manager: Mathias Grill
· Address: Gauchos de Güemes s/n
· 4401 Vaqueros, Salta
· Telephone: +54-(0)387-4901374
· Fax: +54-(0)387-4901374
· Mobile: +54-(9)387-4525864
· e-mail: firstname.lastname@example.org