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Terms and Conditions

Latest Update: 02 August 2011

Escaped to Latin America S.A is the umbrella brand encompassing Escaped to Peru, Peru Tour Packages, Escaped to the Galapagos, Machu Picchu Tours plus others in the Escaped website group. We want you to enjoy the holiday of a lifetime with complete success. Please read the following conditions carefully as it is your contract with Escaped to Latin America.

The quote given by Escaped to Latin America will be valid for 14 days from the date of final quote delivery (unless otherwise specified). This time restriction is given as domestic flight prices, prices of trains / other services and hotels can change at short notice. If you have any questions whatsoever regarding your vacation, the booking procedure or conditions of sale then Escaped to Latin America will be happy to answer them for you.

Our prices do not generally include the international air fares to Latin America (although they may be included and often many inter-country connecting flights may be included, depending on your agreed itinerary), international airport taxes, meals not specified in your itinerary, personal expenses, personal insurance, tips and baggage porterage.

1. The Contract

The contract is between Escaped to Latin America and the client, being any person travelling or intending to travel on a tour operated by us. You, the client are subject to have read and understood our travel policy outlined below. By booking with Escaped to Latin America (sending a completed booking form and / or your personal information in order to make your booking/s and / or paying the deposits / balances due) you accept these terms and conditions.

These conditions only apply to services in our programme and not to the international and national flights if these were not specifically included, such flight arrangements are subject to the conditions imposed by the airlines.

2. Securing your Booking

To guarantee a reservation, Escaped to Latin America require the stipulated deposit (or full payment if within 60 days of departure) as well as all relevant passport and passenger details on our booking form.

Scanned copies of passport data / photo pages are required from passengers for the booking of flights, trains and for tourism tax exemptions. If not provided clients may be eligible for additional costs and may cause problems in the booking process. These details will not be shared with third parties without the knowledge of the passenger and in accordance with our privacy policy.

Clients are deemed to have read and understood the conditions of sale and to have indicated this by choosing the appropriate response on the booking form. A booking is accepted and becomes definite only from the date when Escaped to Latin America / Escaped to Peru sends out a confirmation invoice (once we have received your deposit) at which point a contract exists and the deposit becomes non-refundable and non-transferable (In certain circumstances we may be able to refund part of your unused services after negociation with our service providers). Escaped to Latin America reserves the right to decline any booking at their discretion.

3. The Final Payment / Surcharges

The balance of all monies due including any surcharges applicable must be paid to Escaped to Latin America no later than 60 days before departure unless a booking has been made within that time period. In the case of non-payment of the balance by the due date, Escaped to Latin America reserves the right to cancel your booking and cancellation charges will apply.

Surcharges

Prices quoted remain valid for 14 days from the date that passengers receive their itinerary (unless otherwise specified for particular services).

Escaped to Latin America reserves the right to increase the tour cost to take into account the following items: government actions, currency fluctuations, transportation costs (including the cost of fuel), airport charges and increase in scheduled air fares. Escaped to Latin America will attempt to absorb a proportion of the surcharge after consulting with our service partners and this will be judged on a case-by-case basis. This does not apply to government taxes, imposed after publication of our programmes, insurance premiums and amendment charges. The client will then be required to pay the balance of the surcharge. If the surcharge results in an increase of more than 10% of the tour cost, government taxes and amendment charges, the client may cancel the booking within 7 days of notification of the surcharge and obtain a refund (except for services that are 100% non-refundable). You will be notified of any such surcharge no later than 4 weeks before departure.

4. Changes to your Booking

An administration fee of $50 (or equivalent) per person will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 60 days prior to departure where such a change is possible / permitted. Thereafter all changes will be treated as cancellations and subject to charges as below. (see 5.Cancellation by you).

If a client is unable to travel, in circumstances which Escaped to Latin America consider reasonable, then we will attempt to transfer the booking to another suitable person, however the tour arrangements must remain the same and if all suppliers (including airlines) agree to accept the name change without penalty. Escaped to Latin America may not be able to transfer bookings in this way as each individual situation will carry with it different penalties and restictions. If a transfer is allowed then an administration charge of $50 (or equivalent) per person will be made if the company is notified up to 60 days before departure or $100 (or equivalent) per person if less than 60 days, plus any extra charges and / or penalties levied by our suppliers.

5. Cancellation by You

Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written notification is received by Escaped to Latin America.

The charges are shown below:

Saying this we are always willing to try and help you and if possible we can try to be more flexible on the above policy if the situation permits.

We strongly recommend that full travel insurance is taken, which includes cover, under certain circumstances, against the loss of deposit or cancellation charges. Please note that no reimbursements are given when cancellations occur or for any unused services.

6. Complaints

Should the client have a complaint about any of the tour arrangements, it is a condition of the contract that you tell our local representative at the time. Failure to complain at that moment in time will deny us the opportunity to investigate and rectify the problem and thus render Escaped to Latin America unable to accept any form of responsibility. If the client has a dispute with Escaped to Latin America which we are unable to resolve at the time please write to us within 28 days of your return home and we will investigate further.

7. Travel and Cancellation Insurance

Travel insurance is considered mandatory for all clients whilst on a tour with Escaped to Latin America. Clients are responsible for ensuring that they have adequate cover for the full duration of the tour in respect of medical expenses, injury, death, repatriation, cancellation and curtailment. It is not our responsibility to check the validity and cover of your insurance policy but we reserve the right to refuse travel to anyone whose insurance does not satisfy these criteria.

8. Clients Responsibility

Clients agree to accept the authority and decisions of Escaped to Latin America's employees, tour leaders, guides, service partners and agents whilst on tour as we only have your best interests and safety in mind. If in the opinion of such persons the health or conduct of a client at any time before or after departure appears likely to endanger the safety, comfort or happy progress of a tour, then the client may be excluded from all or part of the tour. In the case of ill health, Escaped to Latin America may make arrangements, as it seems fit and recover the costs thereof from the client. If a client commits an illegal act, he / she may be excluded from the tour and Escaped to Latin America shall cease to have responsibility to / for them. If you are affected by a condition, medical or otherwise, that might affect other peoples' enjoyment or active participation of the tour, you must advise us at the time of booking. No refund will be given for any unused services.

With the somewhat volatile nature of politics in Latin America our clients should always keep abreast of changes in immigration laws and paperwork requirements before traveling as these can change at very short notice. Please contact the relevant authorities when booking and again before traveling to be sure. This is your responsibility, regardless of any advice we may give you in good faith.

All travelers need to carry a valid passport, with the correct minimum validity and any visas that are required by individual countries that you are visiting. Please check carefully for each destination and / or stopovers and / or connections. If your flight transits the USA you should check that your passport meets current US Customs requirements, including those covered under the Visa Waiver Scheme.

Copies of your passport data/photo page are required on booking. These are required by many Latin American authorities in order to allow us to make flight, cruise and other reservations in addition to tourist tax exemption reasons. Escaped to Latin America cannot be held responsible for any bookings made with incorrect passport information if not supplied with a clear copy at time of booking.

Depending upon your route to and within Latin America you may require an International Yellow Fever certificate which may be valid for up to 10 years. You should visit your doctor or travel clinic before traveling to discuss any vaccinations required and any issues related to altitude or climate.

Valid insurance is always required when traveling, and is particularly important in developing countries in Latin America. Take your original policy with you on vacation.  

In certain countries you are required to carry identification with you at all times, although photocopies often suffice. Copies of your passport, insurance policy and visited country entry form should be carried in your luggage or day sack.

9. Cancellation or Alteration of the Tour by Escaped to Latin America.

While Escaped to Latin America endeavours to operate all tours as advertised, it reserves the right to change any of the facilities, services, prices or itineraries described in the programme. If a major change is necessary, or deemed advisable, Escaped to Latin America will inform the client as soon as reasonably possible. A major change does not apply to the carrier, transport or named accommodation. It is normally considered to be a major itinerary re-routing, a significant change in the duration of your holiday or the cancellation of a major excursion. Escaped to Latin America will not accept responsibility for changes in flight schedules or departure airports, as this is the responsibility of the airline. However we will endeavour to minimise their effects on your journey. If advised of a major change before departure, the client will have the choice of accepting the changes, purchasing another tour from Escaped to Latin America or cancelling the tour in accordance with the cancellation policy, provided that the major change is not a result of situations outside Escaped to Latin America's control or consolidation.

Compensation will be paid as follows:

Period of notification given to you

Escaped to Latin America will not pay compensation if forced to cancel or change your tour because of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, epidemics or health risks, technical or maintenance problems with transport, closed or congested airports or ports, changes imposed by re-scheduling or cancellation of flights by airlines, the alteration of airlines or aircraft types, or similar events beyond the control of Escaped to Latin America. Consolidation (if applicable) refers to the fact that some tours, known as fixed departure tours (not custom itineraries), are dependent upon a minimum number of persons participating. Escaped to Latin America is not liable for any penalty charges associated with "supersaver"-type connecting rail or airfares, in the event of a change to a tour departure time, date or airport. Escaped to Latin America reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 8 weeks before departure, except for force majeure, consolidation or the clients failure to pay the final balance. Unless the client fails to pay the final balance, Escaped to Latin America will return all deposits paid or offer an alternative tour of comparable standard and will pay compensation on the scale as shown above. No compensation will be paid if cancellation is due to force majeure or consolidation.

10. Our Responsibilities

Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in traveling in the developing world and that they undertake the vacations, tours, treks or expeditions featured in our programme, at their own volition. It is also important to understand that the most meticulously planned arrangement can go wrong. After all, Latin America is often an underdeveloped region as far as basic infrastructure is concerned. Conditions are such on some of our tours that there may be occasions when delays, discomforts or unforseen circumstances will occur. Escaped to Latin America cannot accept complaints due to these aspects.

  1. Where the client does not suffer personal injury, the company accepts liability should any part of the tour arrangements, booked with Escaped to Latin America, not be supplied as described in the itinerary. In such cases Escaped to Latin America will pay reasonable compensation if the clients enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Escaped to Latin America or its suppliers and the reason for the failure was the client's own fault, the actions of someone unconnected with the tour arrangements or one which neither the company nor its suppliers could have anticipated or avoided, even if all due care had been exercised.
  2. When the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Escaped to Latin America, Escaped to Latin America accepts responsibility unless there has been no fault on Escaped to Latin America's part or its suppliers and the cause was the clients fault, the action of someone unconnected with the tour arrangements, or one which neither Escaped to Latin America nor its suppliers could have anticipated or avoided, even with the exercise of all due care.
  3. Escaped to Latin America's acceptance of liability to pay compensation pursuant to clauses 10(a) and 10(b) is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
  4. Escaped to Latin America's acceptance of liability in clauses 10(a) and 10(b) above is subject to assignment by the client to Escaped to Latin America of the client's rights against any agent, supplier or subcontractor of Escaped to Latin America, which is in any way responsible for the unsatisfactory tour arrangements or the client's death or personal injury. 

11. Flights / Delays

We cannot accept liability for any delays in any of your flights, whether the cancellation or delay is caused by adverse weather conditions, rescheduling of the airline, airport authority and/or action by air traffic controllers, mechanical breakdown or industrial action. Where long flight delays result in lost holiday time, no refunds are given by hotels or suppliers. Similarly, airlines do not offer compensation for flight delays. However, at their discretion, carriers will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability). If you incur payments for such services in the event of a delay, Escaped to Latin America will not accept responsibility for payment unless we have given our prior consent.