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TERMS AND CONDITIONS
The contracting of tours, transfers, and/or any other service related to tourism, whether in the country or abroad, carried out by Rumbo Sur S.R.L. (hereinafter, the “Company”), on the one hand, at the order and at the request of the applicant or contracting party of the services (hereinafter, the “Passenger”), shall be governed by the terms and conditions detailed below.
A) PASSENGER’S PERSONAL DATA:
It is mandatory to complete all fields with valid data in order to make valid reservations of tourist services through the Company. The Passenger declares that the personal data provided at the time of the reservation are accurate, precise, and true, and undertakes to update such Personal Data as necessary. The Company is not responsible for the accuracy of the Personal Data provided by the Passenger.
The Passenger guarantees and is responsible for the truthfulness, accuracy, validity, and authenticity of the Personal Data entered.
B) RESPONSIBILITY:
The Company is not responsible for events that are caused by fortuitous circumstances or force majeure, climatic phenomena or acts of nature that occur before or during the development of the services which prevent, delay or in any way hinder the full or partial performance of the contracted services.
Under no circumstances shall the Company be liable to the Passengers for indirect damages or loss of profits alleged by them unless such facts involve intentional or negligent acts by the Company’s officers, employees or authorities.
C) REQUESTS AND PAYMENTS:
The estimated price at the time of requesting services is subject to availability and to changes without prior notice, when there is a change in the services and/or modifications in their costs and/or in the exchange rate applied due to causes not attributable to the parties. The Company will not be responsible for resulting increased costs.
All amounts paid prior to confirmation of services are received as a reservation deposit.
Final prices shall be fixed from the moment of the definitive confirmation of services, which occurs with the issuance of the service orders (hereinafter “vouchers”), and their invoicing.
Payment of the balance of the price must be completed within the term and conditions agreed by the parties; otherwise the Company may cancel the services with prior notice to the Passenger, and the Passenger shall have no right to any refund.
D) THE PRICES INCLUDE:
All services that are expressly detailed in the travel documentation. Among them: the number of passengers, excursions, transfers, entrances, etc., as detailed in the respective Vouchers.
E) SERVICES OR ITEMS NOT INCLUDED IN THE PRICES:
In the base prices of the contracted services the following are not included:
Everything that is not properly detailed in the Voucher, which implies an additional charge over what was paid at the moment of receiving the Voucher.
Extras, port boarding fee, National Park entrance, museums, meals, drinks, optional services, etc., and/or any service or expense not expressly indicated in the Voucher.
Costs for damages caused by cancellations, delays in departures or arrivals of transportation means or by unforeseen reasons outside the Company’s control and/or resulting from force majeure.
Charges and interest for credit operations.
F) LIMITATIONS ON THE RIGHT TO REMAIN:
The Company reserves the right to cause any Passenger to leave a Tour at any point thereof whose conduct, behavior, health condition, or other serious reason which, in the Company’s judgment, may cause danger or annoyance to other travelers or may jeopardize the success of the excursion or the normal development thereof, or may cause damage to third parties.
G) CANCELLATIONS:
If the Passenger withdraws from firm contracted services, cancellations may be made up to 7 days before the trip. In any refund case, the Company may retain ten percent of the contracted services as a penalty. Cancellations made within less than 6 days before the trip shall not be eligible for a refund.
The Company is not responsible for services that the Passenger does not take in time and form agreed, nor for the consequences thereof.
H) DATE CHANGE:
Postponement or advancement of the stipulated dates in each case may be carried out according to availability at the time of change. The Company is exempt from any responsibility in case it cannot satisfy the change requested by the Passenger; in such case clause G) (“CANCELLATIONS”) shall apply.
I) CLAIMS – REFUNDS:
Claims must be submitted within 15 days after the end of the trip, in writing, accompanied by supporting vouchers and documentation and signed by the Passenger. After this term no claim will be accepted. In no case shall the Company bear the eventual costs and/or charges and/or taxes and/or levies derived from bank transfers or similar used to carry out any kind of refund and/or reimbursement and/or repayment.
J) PASSENGER’S ACCEPTANCE:
These general conditions, together with the remaining documentation delivered to the Passengers, constitute the Travel Contract. These conditions are delivered by the Company to the Passenger at the time of making the reservation of services. The Passenger declares to know and accept the present general contracting conditions and such acceptance is ratified by any of the following acts:
Payment of the contracted services before the start of the trip, by any form or modality.
Acceptance of the invoice of the contracted services.
By using any portion of the contracted services.
K) ARBITRATION CLAUSE:
Any matter arising out of the execution, performance, non-performance, extension or termination of this contract may be submitted by the parties to the resolution of the Arbitral Tribunal of the Federación Argentina de Asociaciones de Empresas de Viajes y Turismo or the Arbitral Tribunal of the Asociación de Agencias de Viajes de Tierra del Fuego, at the option of the claimant. In case of submission to such jurisdiction, the contracting parties subject themselves and accept the conditions established by the Regulations of the Arbitral Tribunal.
L) APPLICABLE RULES:
This contract, and in whatever case the provision of the services, shall be governed exclusively by these general conditions, by Law No. 18.829 and its regulations.