Terms and Conditions
|The General Terms & Conditions established in this Service Manual and our rates are intended as a Touristic Service Agreement and establish and regulate the rights and obligations between the served passenger and “ELEMENTOS Alojamiento y Operaciones Turísticas S.p.A”, from here on out ELEMENTOS Experiential Tourism, which acts as an operating and intermediate agency of adventure tourism services, transportation, accommodation, catering and other activities offered in its website, its Service Manual, its Service Descriptions and its Price List in force.|
Obligations of the Company
ELEMENTOS Experiential Tourism will be bound to prepare and provide the suppliers, equipment, insurances and clothing needed for the realization of the activity, the organization and creation of the implicated activities, the transfer to and from the venue of the service, and the participation together with the passenger in the activity.
Nevertheless, in order to achieve a better coordination and quality of service, ELEMENTOS Experiential Tourism, through an authorized representative or guide, may take measures of organization and direction of the group of participants in the services, providing recommendations and suggestions for the best realization of the activity and, where appropriate, prohibiting that one passenger participates in it, in case that with his behaviour, attitude or state of health he could endanger both himself or others.
On the other hand, ELEMENTOS Experiential Tourism undertakes to provide the services according to the same terms offered in its published offers, unless this is impossible due to unpredictable circumstances or act of God, which includes climatic effects and the roughness of the weather, acts of nature and decisions of authorities, among others.
Obligations or the Passenger
It is expressly stated that there are requirements and conditions for the participation of the client in the activity, the following:
- Fill out the Registration and Risk Acceptance Form before the beginning of the activity, in compliance with the Decree n°222 of 210, of the Ministry of Economy, Development and Tourism, so as to be able to realize the activity.
- To have a visceral state and health, which are compatible with the developed activity.
- Indicate before the start of the activity, which begins with the transfer from the office of the company or from the place where the passenger is collected, any disease or health problem, such as allergies, asthma, diabetes, heart problems, epilepsy, physical problems, and others, such as pregnancy.
- Know how to swim, in case the activity requires. Strictly abide by the recommendations and suggestions of the coordinating guide during the services.
- Be over 18 years old, otherwise, have a written authorization of one of the parents or a guardian, or, if the activity requires it, be accompanied by one of them, which has to be accredited.
- Not have taken, nor take during the contracted service, alcohol or drugs.
- Maintain at all times of the activity a positive attitude to help and support the coordinating guide, as well as other companions participating in the activity.
- Use all the equipment provided, according to the instructions given by the coordinating guide in charge of the activity. In this sense, your own equipment are not accepted. ELEMENTOS Experiential Tourism, before starting the service or right at the moment of the acquisition, recommends the minimum of things to bring and clothes to wear, so that each participant feels comfortable and protected for sun, rain, heat, cold, and in general for weather or health conditions, which might affect the person.
On the basis of the compliance with the conditions and requirements decided in the previous clause, the passenger makes the following statements in formal term and under oath:
- That his participation in the service is subject to the approval of the procurement of the coordination of it, releasing any liability to matter of facts, incidentally or not, to him, his collaborators, to ELEMENTOS Experiential Tourism., its service providers, their providers and their related associations.
- That he has no problems or obstructions physically, psychologically, or of health, that may affect his participation in the activity and that he is fully able to participate in it without causing risk, danger, illness or accident, both to himself and to others.
- That he, if the activity requires it, declares that he knows how to swim and do not have physical handicap that prevents him from seeing, hearing or swimming.
- That he knows and accepts that the service may involve the risks of any action of adventure tourism activities, which also implicates certain inherent risks such as delay, loss, injury, dismemberment, partial or total disability, illness or death, and that medical care in their areas of realization may be impossible to obtain as the situation can quickly require. For this reason, the client declares and accepts, that in its role as coordinator, the decision to stay, continue or return of the service depends on the guide of the agreed service.
- That he therefore accepts all risks associated with the service and specifically with an adventure tourism activity that will be realized, in practice, as well as on the way to or from the location where it takes place, and therefore releases all liability, of any kind, from the coordinating guide, his collaborators, ELEMENTOS Experiential Tourism, its service providers, their suppliers and their related associations.
- That he accepts any cost not included in the program that will be covered by each participant, and that everyone is responsible for his equipment and will be in bond to compensate any damage or loss.
- That he has read up on and accepted the Terms and Conditions of Cancellation, Postponement, Suspension, Restitution and Disposal, agreed in the subsequent clauses. In this spirit, agrees that if the trip cannot continue and has to be finished ahead the estimated schedule due to weather conditions or other unexpectedness, or due to the decision of the guide, it will not result in any refund.
- That, in the service contract, he has expressed his willingness to represent himself as well as his beneficiaries, legatees, executors, administrators, agents, and in his case members of his family.
- That he accepts all parts of the costs of the agreed insurance by ELEMENTOS Experiential Tourism for the protection of the passenger and/or tourist in each arranged service up from the beginning to the return from the activity.
Prices and Rates
|All rates in this tariff are shown in Chilean pesos. They may be paid in this currency or its equivalent in U.S. dollars at the exchange rate indicated in Multicaja.cl on the effective day of payment. All the activities prices include the 19% VAT.|
All reservations are always subject to availability.
Phone bookings or distance reservations are considered as confirmed from the moment when a confirmation of reservation is sent via email, from ELEMENTOS Experiential Tourism, after checking availability and having received the payment receipt from the client.
The payment of 100% of the total rate of all activities is required prior the start of the activity.
To activate a reservation, the payment of 50% of the total rate of the service is required (100% if the reservation is made less than 72 hours before the start of the activity), to the following bank account:
Banco de Chile
Checking Account: 315-018-08-09
Owner: Sarina Hinte
Any bank transfer costs is to be assumed by the client.
As an alternative, we can send you a Paypal payment request, with a service cost of 7% of the total rate of the service. This payment is realized in U.S. dollars.
Any remaining value has to be paid before realizing the activity, by the same payment way, or in cash or by cheque.
After the payment of the deposit, we will send a confirmation via email to the client. After receiving the 100% of the total value, we will provide the corresponding receipt or the export invoice and the confirmation of the service contracted.
Modifications / Postponement
|The customer can modify the date of the activity as long as there is availability of the service(s) required. If there are modification costs, these must be assumed by the client.|
|In the case a passenger does not go to the activity or arrive delayed of more than 10 minutes, we will consider he will not participate in the activity.|
The cancellation requests must be done in writing, explaining the reasons and bearing the corresponding cancellation costs, as following:
- Cancellation 72 hours or more prior the start of the activity means 100% refund of the total value of the payment
- Cancellation 36 to 71 hours prior the start of the activity means 50% refund of the total value of the payment
- Cancellation 12 to 35 hours prior the start of the activity means 20% refund of the total value of the payment
- Cancellation less than 11 hours prior the start of the activity means no refund of the total value of the payment.
- No-show of the passenger the day of the activity: penalized at 100% of the total value of the activity.
In case of suspension of the service because of unforeseeable circumstances or force majeure as mentioned before, that prevent the normal development of it for reasons not referable to the company, 100% of the payment realized by the client is refund to him.
The activity is cancelled if there is not the minimum number of participants required, and 100% of the payment realized by the client is refund.
Any bank cost caused by the refund is to be beared by the passenger.
Refunds are done in the same way of payment used by the client, within 10 working days.
ELEMENTOS Ltda. claims that any application for refunds of services not used has to be made in writing for the travel agency or by the passenger itself (in case of direct sales), with its explanations. The refunds are effected once checked with the involved service providers, deducting all administrative costs or fines (no show) that the providers apply. Refund claims will not be accepted after 30 days of the confirmed service.
ELEMENTOS Ltda. does not realize refunds if the service has already started and the passenger changed his contracted itinerary without authorization or knowledge of us. The change will be the absolute responsibility of the customer.
|Each passenger has to bear the costs of a possible evacuation.|
Adress and Jurisdiction
|For all purposes of the present contract the parties determine their residence in the city and commune of Pucón and submit to the jurisdiction of its courts of justice. This translation is a service for the customer. The Spanish version is set as the legal and valid version of this document.