Upon booking with SouthernEx Chile LTDA (hereinafter, “SouthernEx Chile“) and issuing the travel confirmation, your access to the use of the service is conditioned on your acceptance and compliance of the following terms and conditions. When you make a booking with us, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these Booking Conditions.
1. TOUR CONTRACT.
SouthernEx Chile LTDA. is a Chilean travel agency domiciled in Santa Teresita 1456, Puerto Varas, Chile, acting as tour wholesale operator, that is, a commercial organization that designs and provides tour packages, products and services, of their own or of third parties, which may comprise transport and lodging among others. Consequently, SouthernEx Chile acts as an intermediary between service providers and/or tour operators and the end-user (hereinafter, “the Customer“), giving advice for planning and purchasing of tourist packages and it also acts as a tour operator itself. SouthernEx Chile offers day tours, predetermined packages and tailor-made programs. Day tours are predetermined products that only last a single-day and include transportation, tourist guide, entrance and food that can be offered regularly, Premium regularly or privately. Programs are predetermined tour packages lasting more than one night and include transportation, tourist guide, entrance, food and accommodation. They can be offered regularly or privately. Tailor-made programs are private tour packages exclusively designed for the Customer which can be done for a day or as long as the Customer demands. The Customer might book SouthernEx Chile´s services either through its official website, by email or orally (personally at the agency or by telephone). It is also possible for the Customer to register on behalf of other participants (which shall be individualized in a list), for whom he/she takes full contractual responsibility by a separate declaration. The contract becomes effective once the booking is done. It is understood that the booking is done once the Customer receives a travel confirmation document in his email or in paper form from SouthernEx Chile´s travel consultant. All communications between SouthernEx Chile and the Customer will be done preferably by email and if it is not possible, by phone. In everything not foreseen in this terms and conditions, the Consumer Protection Act (Act No. 19496) shall be applicable “Ley Chile”
2. BOOKING AND PAYMENT.
In order to have the tour package booked, the Customer shall proceed with the following payment schedule which will depend on the selected tourist package:
2.1 For Day Tours (single day tour): 100% of the total price of the trip must be paid prior the beginning of the tour. Thus, the package will be considered booked only once 100% of the payment is done.
2.2 For Programs (Multi day tour): 100% of the total price of the program must be paid prior to the beginning of the tour. Therefore, the package will be considered completely booked only once 100% of the payment is made.
2.3 Tailor-made packages: As a general rule, 30% of the total price of the tour package must be paid prior to the beginning of the tour. Please note that your first deposit of 30% is non-refundable. In some occasions (which will depend on the internal supplier and case in which SouthernEx Chile will let the Customer know in advance) such sum could be higher. Consequently, a tailor-made package will be considered booked only once 30% (or more) of the payment is made. Kindly note that the remaining 70% of the price (or less) must be paid 6 weeks prior to the beginning of the tour, the exact date will be informed to you by your travel consultant. In case a booking is done within 6 weeks prior to the beginning of the tour, the Customer must pay 100% of the price. Upon receiving the final payment, SouthernEx Chile will send the Customer all the hotel vouchers and other relevant travel documents required for the trip within 72 hours.
2.4 For flights booking: Please note that SouthernEx Chile also provides a flight booking service in exchange for a handling fee per person applied on their Air-portion corresponding on its packages. 100% of the total price of the Air-portion and the handling fee shall be paid upon reservation of the said package. Upon cancellation of the flight, no reimbursement of the handling fee nor of the flight ticket is done unless the flexibility of your class ticket and category allows it. SouthernEx Chile will not be responsible for additional expenses incurred by the Customer in preparing for the trip (i.e. non-refundable air tickets, insurance, visa fees, extra luggage weight, necessary equipment, medical expenses, etc.). SouthernEx Chile takes the liberty to be able to change your departure flight and /or airline included in the program in order to avoid any issues with other services and to ensure a better experience. SouthernEx Chile will not be responsible for additional flights and-or occurrences when the customer decided to book flights on his own. Quotes and payment are made in US dollars, if the customer requires to pay in a different currency, the exchange rate and final price will be informed by the travel agent at moment of the booking.
3. SERVICES AND CHANGE IN SERVICES.
Services provided by SouthernEx Chile are those mentioned in the service description in the trip proposal (tailor-made programs). Details related to them will be given in the travel confirmation document sent once the booking payment is made. Details contained in the trip proposal or in the official website are binding for SouthernEx Chile. However, SouthernEx Chile reserves the right to declare a change in the details before the travel confirmation is made in case of force majeure, a fortuitous event or any other unavoidable condition that jeopardizes the safe and smooth implementation of the travel which will be informed about before the booking payment. After the tour package is booked, necessary changes or deviations made in good faith to the initial tour service mentioned in the agreed contents of the travel confirmation (such as, but not limited to, hotel substitution, itinerary alteration or reversing the order of places to be visited), are allowed only as long as said changes or deviations are not significant and do not alter the overall plan of the tour. Such changes shall be notified by SouthernEx Chile to the Customer at least 24 hours before the tour package begins (except for force majeure and fortuitous event situations, in which case SouthernEx Chile should notify the Customer as soon as is practicable). If requested by the Customer, SouthernEx Chile will offer the Customer a free change in the booking or a free of cost cancellation not being responsible for any consequential damages. If in SouthernEx Chile´s opinion a significant change to an important service is made or the complete cancellation of the service is notified due to circumstances exceeding SouthernEx Chile´s responsibility or due to force majeure or fortuitous event situations, SouthernEx Chile shall notify the Customer as soon as possible without being responsible for the money refund. If one of the following situations leads to the cancellation of a booking then SouthernEx Chile commits itself to do what is in his power to retrieve the money that has already been paid to its service providers and to refund this amount to the customer:
4. WITHDRAWAL BY CUSTOMER AND CHANGES IN BOOKING.
In relation to withdrawals, article 3 bis b) of the Consumer Protection Act is not applicable. The date of cancellation is the date on which the company receives notice of the Customer’s withdrawal, which shall be done in a written format (personally or by email). The Customer can always withdraw before the start of the tour, bearing in mind that the following administrative charges related to the cancellation of a tour will be applicable:
For Single Tours:
Individual & Group bookings:
Cancellations result in costly charges from travel and hotel providers covering costs and fees incurred by cancelling confirmed bookings. Therefor , the fees listed below will apply:
Individual bookings: (Between 1 and 6 participants)
Group bookings: (from 7 participants or more)
Abandonment: No refund will be provided if you voluntarily abandon your itinerary for any reason after the itinerary has begun.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges and SouthernEx Chile will offer you such prompt assistance as is reasonable in the circumstances.
4.2 Booking changes
Itinerary changes are possible as long as they are available and do not generate extra costs for SouthernEx Chile. Otherwise the cost of the itinerary changes shall be assumed by the Customer.
Unused services: We regret that no credit or refund is possible for any unused services provided in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and we are not responsible for any extras or difficulties that may arise with onward travel and as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your insurance. After our confirmation email has been issued to you for a package holiday provided by SouthernEx Chile, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, We will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay a reasonable administration charge, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. LIMITATION OF LIABILITY.
It is the Customer’s understanding that, according to the nature of the services offered, he/she may be exposed to hazards and elements of potential danger, and that participating in day trips and other tour packages offered by Ecochile entails risk of illness, danger to property, personal injury and loss of life. The Customer agrees that neither him/her, nor any of his/her heirs, personal or legal representatives, or family members will bring suit or make a claim for illness, injury, loss or damage to property, or loss of life resulting from any acts or omissions, including any negligence of SouthernEx Chile, its employees, directors, owners, officers, agents, contractors or affiliated organizations as a result of his/her participation in the tourist packages.
It is assumed by SouthernEx Chile that the Customer is aware of the risks and hazards of participating in the tourist packages. A medical certificate of the Customer’s health condition (as evidence that the Customer is physically qualified to be accepted on the trip) will be required before the tour begins. If such certificate is not provided by the Customer, he/she expressly declares the exemption from liability of SouthernEx Chile as the company will not be responsible for any medical illness derived from a medical condition that was not declared by the Customer.
We require you as a condition of your contract with us for a package that we are supplying to you, for you to have in place relevant travel insurance protection. Travel insurance is your entire responsibility and an essential pre-requisite to booking a holiday with us. You must ensure that you (and all members of your party) have sufficient travel insurance in place to cover you, together with your personal property, at all times and for all potential risks. You must ensure that your insurance covers you for the full duration of your holiday including, but not limited to, medical expenses, injury, death, repatriation, cancellation and curtailment, and in respect of any sports or activities that you may wish to do whilst on your holiday. You must also ensure that there are no exclusion clauses limiting protection for the type of activities included in your holiday. Evidence of sufficient cover may need to be provided at time of booking. If you do not have holiday insurance cover at the time of booking, you may personally be liable for cancellation charges. For all clients arranging their own insurance, we may ask for full details of the insurance company, policy number and 24-hour emergency contact number. It is imperative that you familiarise yourself with the details and conditions of your policy and that you notify your insurance company of any pre-existing medical condition. Failure to do so can invalidate the insurance cover. Health Requirements and Insurance: You represent and warrant that you and everyone travelling with you are physically and otherwise fit to travel and to undertake the activities included in your itinerary.
7. POLICY ON ABUSE, SEXUAL HARASSMENT AND MOLESTATION.
SouthernEx Chile is against any form of discrimination and particularly against any one based on age, gender, race, color, religion, national origin, disability and marital status. The company expressly condemns conduct that approves or incites discrimination. It also disapproves of any form of sexual harassment or child molestation occurring during the tours. In case of children under 18 years old participating in the tour, a letter of explicit consent must be filled in by the accompanying adult. SouthernEx Chile also requires a legal document that proves the relationship existing between the child and the adults.
8. OBLIGATION TO COOPERATE.
The Customer is responsible for being in sufficiently good health to undertake the trip they have chosen, bringing appropriate clothing and equipment as recommended by SouthernEx Chile, taking care of his/her personal hygiene, acting in an appropriate and respectful manner in accordance with local customs and completing the itinerary as scheduled (or as adjusted if applicable). The Customer must cooperate in the event of disruption to the service in order to avoid any damages or to keep them to a minimum. He/She must immediately inform the local tour guide about any complaints he/she might have.
9. INEFFECTIVENESS OF INDIVIDUALS REGULATIONS.
The invalidity or unenforceability of any clause of the present Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
10. PRIVACY AND PERSONAL DATA PROTECTION.
SouthernEx Chile is expressly authorized under article 4 of Data Privacy Protection Act (Act No. 19.628) to collect and treat the Customer’s personal data in order to manage SouthernEx Chile´s relationship with the Customer before, during and after the tourist activity, manage the booking of accommodation and travels, transmit his/her personal data in relation to the bank account and/or credit card to end service providers, process his/her personal data for marketing operations, promote brands and gain a better understanding of the Customer’s requirements and wishes, manage claims and or complaints, manage the data internally for creating a lists of customers having behaved inappropriately during the tourist packages, adapt SouthernEx Chile´s products and services to better meet the Customer’s requirements and inform the Customer of special offers and any new services created by SouthernEx Chile.
The above said, the Customer’s personal data is regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and, only if legally required, to the corresponding authorities.
By accepting these conditions, the customer exclusively authorizes SouthernEx Chile to use his/her image, name, likeness, and/or voice in publicity or advertising relating to the company in Chile without compensation. This authorization is perpetual and includes the right in favor of SouthernEx Chile to freely use any and/or all photographic and filmic images (including usage of voice rights) for using them on internet and social networking websites including, but not limited to Facebook, Twitter, YouTube and Instagram, in addition to any type of advertising and graphic material, as well as any photography, recordings, video, film, drawing or representation. The Customer declares that they understand that there is no compensation with respect to the aforementioned authorization.
11. PASSPORT, VISA AND IMMIGRATIONS REQUIREMENTS.
Passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel.
If you are not 18 years old, you are considered at law to be a minor and we will therefore require your parent(s)’/guardian’s consent relating to your booking at the time of booking and pay a breakages deposit (on the balance due date) as per the booking requirements available.