GENERAL AND SPECIFIC TERMS AND CONDITIONS OF SALE
Terra Panamerica
These General and Specific Terms and Conditions of Sale (hereinafter referred to as « the T&Cs ») apply, in the absence of contrary provisions, to all contracts concluded between:
on the one hand, the various agencies of the Terra Panamerica group (Terra Canada, Terra Guatemala, Terra Nicaragua, Terra Colombia, Terra Maya, Terra Caribea), hereinafter collectively referred to as « the Agency ». on the other hand, any natural or legal person using the Agency’s services, hereinafter referred to as « the Client ». « Participant » refers to any natural person participating in the trip organized by the Client.
1. Scope of Application
This document aims to present the T&Cs applicable to the services (itineraries, excursions, activities and accommodations) offered by the Agency. They are accessible at all times on the Agency’s website and on the quote provided to the client. In case of dispute, the Agency being under local law, the courts of the city where the Agency is located will have jurisdiction.
2. Registration and Payment Terms
2.1 CONFIRMATION
Confirmation of a trip by the Client is effective for the Agency upon receipt of the following elements:
- Formal acceptance by the Client of the quote sent by the Agency.
- A minimum deposit representing 30% of the total amount of land services as well as 100% of the amount of air transportation services, based on the invoice that will be sent to the Client.
A reservation is considered final only after the Agency has confirmed the availability of the trip.
The balance of the services must be paid 45 days before the start date of the services. Any delay in payment of the balance may be considered by the Agency as a cancellation by the Client, for which the cancellation fees set out in point 3: Cancellations will apply. The Agency then reserves the right to use the deposit to cover services not refunded by the service providers and not to guarantee the operation of the tour.
2.2 PAYMENT METHODS
The Agency undertakes to provide safe and efficient payment methods for the Client. All banking fees are the sole responsibility of the Client.
2.3 SPECIFIC TERMS OF SALE
Specific Terms of Sale may apply. These conditions will be specified in the quote provided to the Client and will take precedence over these T&Cs.
3. Trip Pricing
Services sold in a currency other than the Agency’s local or circulating currency (particularly US Dollar or Euro) are based on an exchange rate calculated at a given time.
In case of devaluation exceeding 10% or appreciation exceeding 20%, the Agency reserves the right to reassess the trip amount, giving the client the choice to maintain or cancel the service.
Furthermore, the Agency may be required to modify its prices and programs to account for:
- variations in transportation costs, particularly related to fuel costs.
- variations in fees and taxes related to the services provided, such as landing, boarding, and disembarkation taxes.
4. Cancellations and Modifications
4.1 BEFORE THE TRIP
a – Modification
Any change in the trip services and dates by the Client before departure will result in a contract and price revision. The new contract will be sent by email and must be paid before the Participant’s departure. Non-payment of the contract adjustment will be considered a cancellation for which the cancellation fees in the article below will apply.
b – Cancellation
Any trip cancellation must be made by email with acknowledgment of receipt from the Agency. The date of the email will be considered the cancellation date for billing cancellation fees. To avoid any inconvenience, the Client must inquire about the fees they will incur before terminating their contract.
c – Cancellation Fee Schedule
Refund by the Agency of amounts paid will be made under the following conditions and limits:
- More than 120 days before arrival: full refund of land deposit.
- 90 to 119 days before arrival: retention of 70% of land deposit corresponding to prepayments for certain services.
- 46 to 89 days before arrival: retention of 100% of deposit paid, corresponding to prepayments for certain services.
- 30 to 45 days before arrival: retention of 60% of total file amount.
- Less than 30 days before arrival: retention of 100% of total file amount.
d – Price Revision for a Group
If one or more Participants registered for the same trip cancel their reservation while it remains confirmed for the other Participants, the Agency reserves the right to revise prices based on the updated number of Participants.
e – Special Cases
Air services, once transportation tickets are purchased by the Agency, are neither modifiable nor refundable.
In cases where booking services involves commitment by the Agency to expenses that cannot be refunded regardless of the reason for cancellation or how far in advance it is made (such as booking hotel packages for specific dates, cruises, etc.), the refund terms mentioned above cannot be applied.
4.2 DURING THE TRIP
a – Modification
Any modification by the Participant involving a change in service (hotels, transportation, etc.) or program (trip duration, stages, etc.) will be charged to them.
b – Cancellation
Any trip interrupted, modified, abbreviated, or any service not used by the Participant, for any reason whatsoever, will not give rise to any refund or compensation from the Agency.
5. Agency and Client Responsibilities
The Agency undertakes to provide the services described in the contract and is required to assist travelers in difficulty. However, the Agency cannot be held responsible for the consequences of events external to it, including:
5.1 ADMINISTRATIVE AND HEALTH INFORMATION
Before confirming their trip, the trip Participant must ensure they have all necessary documents (passport, visa, family record book, exit authorization for minors, vaccination record, driver’s license, etc.), valid and compliant with the requirements to transit and/or enter the trip destination country(ies).
Each Participant must be responsible for obtaining all documents required by the authorities of the countries visited.
The Agency provides indicative information on the administrative, customs, and/or health formalities necessary for the execution of these trips on its website and in the documentation provided. This information is provided by the Agency for informational purposes only and does not engage its responsibility, nor substitute for the individual responsibility of each Participant. It is therefore strongly recommended to verify before departure and with the relevant authorities such as Consulates the list of necessary documents and the immigration, health, and customs formalities in effect.
The Agency will under no circumstances be responsible in case of delay or impossibility for a Participant to present proper documents. The consequences of any failure to present these documents will be entirely the Participant’s responsibility, and any trip canceled, interrupted, or abbreviated due to the Participant cannot give rise to any refund or compensation of any kind.
5.2 HEALTH INFORMATION
The Client and trip Participants are required to inform the Agency as well as the accompanying guides of their health and physical condition in order to take them into account when carrying out activities.
Even when informed, the Agency and its guides cannot be held responsible in case of an accident resulting from the condition of the Participant(s) concerned. It is the responsibility of each Participant to verify with their doctor whether their health condition allows them to participate in the trip activities.
In all cases, the Agency and its guides cannot substitute for doctors and clients to determine what is best suited to the participants’ health status, and the suitability of the proposed activities to the client’s and participants’ physical and mental condition is the sole responsibility of the latter.
5.3 RISKS AND SAFETY
The Client and trip Participants acknowledge that, given the nature of the trip they choose, they may face certain risks due particularly to distance from medical centers, road conditions, the adventurous nature of certain tours (including hiking, water sports, scuba diving, off-road vehicle expeditions, etc.).
Organizations allowing rapid evacuation in certain areas far from cities do not always exist.
The Client and trip Participants declare they are aware of such risks and undertake, in case of accident, not to engage the responsibility of the Agency, its guides, and various service providers.
If circumstances require it, and particularly to ensure the safety of an entire group of Participants, but also for climatic reasons or unforeseen events, the Agency reserves the right directly or through its escorts or service providers to substitute one means of transportation, accommodation, or itinerary for another, as well as departure dates or times, without Participants being able to claim any compensation.
Each Participant must comply with rules of prudence and community living and follow the directions given by the escort or the Agency’s service provider. The Agency cannot be held responsible for accidents that would be due to the individual imprudence of one of the Participants. The Agency reserves the right to expel at any time from a group a Participant whose behavior can be considered as endangering the safety or well-being of other Participants. No compensation would then be due.
If the concerned Participant refuses to follow the guide’s instructions, the latter may have a waiver of responsibility signed, which will acknowledge the disagreement and release the Agency and the guide from any prosecution.
5.4 BAGGAGE AND PERSONAL BELONGINGS
Participants are responsible for safeguarding their personal belongings. The Agency cannot be held responsible in case of loss, theft, or damage to baggage or personal belongings during the trip and cannot be required to compensate clients in such circumstances.
In case of problems, it is recommended that Participants have the facts recorded by the competent local authorities (filing a complaint).
6. Insurance
The Agency has taken out a contract guaranteeing its professional civil liability under the conditions provided by the applicable local law.
6.1 MEDICAL INSURANCE
The Agency strongly recommends that Participants take out insurance covering medical assistance and repatriation as well as cancellation insurance. The decision whether or not to take out such insurance and the choice thereof are entirely the Participant’s responsibility.
The Agency partners with insurance companies and can offer insurance according to Participants’ needs (cancellation, repatriation, comprehensive). Do not hesitate to ask for more information directly from the person in charge of your file.
6.2 SPECIAL CONDITIONS
The Agency reserves the right to have Participants sign a waiver of liability upon arrival in the destination country.
In case of high-risk activities (extreme sports, mountaineering/Andean climbing, diving, rafting, paragliding, motorcycling, etc.), Participants must take out specific supplementary insurance that will be communicated to the Agency before departure.
The Participant must transmit information relating to insurance taken out to the Agency before departure.
7. Claims and Mediation
7.1 PROCEDURES
Any claim must be notified in writing to the Agency by registered letter with acknowledgment of receipt, accompanied by supporting documents, within 30 days after the trip return date.
Any dispute will, as far as possible, be settled amicably.
In case of complete disagreement, the Agency being a company under local law, the local courts of the city where the Agency is located will have jurisdiction.
7.2 HOSPITALITY
Hotel standards may be of lower quality than those found in other regions of the world, and local standards for assessing comfort and star ratings may not correspond to those Participants are accustomed to. However, the Agency regularly works with hotel establishments with which relationships of trust are maintained.
The Participant cannot claim a refund based on differences of judgment concerning the level of comfort.
7.3 AIR TRANSPORTATION AND CLIMATE
If the trip is disrupted due to modifications by the airline for any cause external to the Agency, the Agency will strive to propose an alternative solution for the Participant(s).
The resulting costs will be the responsibility of the Participant(s).
The rights to claim or compensation are those applicable according to the applicable local laws. These procedures can only be carried out by the Participant personally. Local authorities may sometimes suspend certain visits and travels at the last minute for people’s safety.
The Agency cannot be held responsible for the consequences of this decision, considered a case of force majeure (e.g., loss of a boat transfer or air flights).
8. Force Majeure
In case of external events disrupting the normal course of the country (e.g., political and social unrest, natural disasters, strikes, road blockages and demonstrations, etc.), the Agency reserves the right to cancel a trip or modify its content. Participants will be informed in advance of the context and all possibilities for change.
The Agency is primarily responsible for the safety of people participating in the trips it organizes.
In case of cancellation, the Agency will not be required to refund the amounts paid and participants cannot claim any compensation.
In case of route modification due to external events, a new quote will be prepared and proposed to the Participant(s). All modification costs remain the responsibility of the Participant(s).
9. Personal Data Protection
Information collected during booking is necessary for proper order processing. To enable service reservations, Participant data will be communicated to service providers of the booked services (hotel, transportation, etc.) located outside the European Union. In accordance with legislation, the Client has a right of access, rectification, and deletion of their personal data. The Client has a right of access, modification, rectification, and deletion of data concerning them (« Data Protection Act »). To exercise these rights, you must send an email to: contact@en.terra-panamerica.com
PAYMENT OF A DEPOSIT FOR ORGANIZING A TRIP CONSTITUTES ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE.
