TERMS AND CONDITIONS

  1. PORCELL TOURS E.I.R.L. (hereinafter referred to as PORCELL TOURS) guarantees that our published trip prices will not change unless a substantial increase will be launched by the local suppliers or exchange rates.
  2. Our prices are in U.S. dollars and include all applicable taxes and fees for foreign tourists and non-residents in Peru. Peruvians must pay an additional 18% VAT. In the case of Hotels, foreign tourists are exonerated from paying the 18% VAT if they are staying up to 60 days within Peru.
  3. Group rates are subject to discounts, please consult our Reservations Department reservas@porcelltoursperu.com.
  4. Air Fares (if included in purchased tour/ service) are subject to changes and availability. Once you receive confirmation, specific cancellation policy will be advised depending on confirmed fare.
  1. All our tour/ service reservations are subject to availability. In case there is no more room at the hotel you have selected, we are going to choose a similar hotel for you in the same category.
  2. If your tour begins within 30 days, we strongly advise you not to make a purchase. Instead, make a reservation and we will confirm availability as soon as possible.
  3. Partial or Full payment will be required once booking is confirmed. Online transactions are available through this web site. Charges due will depend on the time in advance the chosen tour/ service has been reserved:
  • Up to 60 Days prior, 50% payment will be required and remaining balance will be due 30 days prior to the arrival of the passengers.
  • Any reservation made within 30 days of arrival of the passengers will be charged in full.

If the total price of the tour/ service is not paid on time there will be no security regarding the availability of the reservation and it may be cancelled.

    1. Security

    Online transactions are provided through a secure website. However, you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through PORCELL TOURS´ website and while using online transactions (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. PORCELL TOURS shall have no liability for the interception or ‘hacking’ of any data by unauthorized third parties. 

    1. Your Warranties

    In using any PORCELL TOURS online transactions, you represent and warrant that you are over 18 and have legal capacity to contract in Peru. If you are using a credit card to process a transaction, you represent and warrant that the credit card is issued in your name and that you shall pay all charges incurred while using online transactions.

    1. Accuracy of Transaction Information

    Before completing an online transaction with PORCELL TOURS, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction, credit card and other details are correct. You should print the transaction confirmation for future reference and your files. PORCELL TOURS shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of any online transactions, or for loss of data or information caused by factors outside of PORCELL TOURS’ control. 

    1. Support Hours

    To contact any of our representatives you can do it by phone calling to +51 997 280 361 or writing via Whatsapp to +51 984 662 525 from Monday to Friday 09:30 to 17:30 UTC/GMT -5 hours or by sending an e-mail to info@porcelltoursperu.com

    1. Your Credit Card Statement

    You can make payments to PORCELL TOURS by transfer to our bank account, through a card payment link that we send, or through the website itself, entering the information requested.

    Our payment facilitator is Pay to Peru S.A.C. company in charge of online transactions. We accept Visa, Mastercard, Diners or American Express (debit or credit cards).

    The charges made to your card will be shown under the name of PAY TO PERU S.A.C.- PORCELL TOURS E.I.R.L.

    S.A.C.- PORCELL TOURS E.I.R.L.

  1. Cancellation fees are as follows:

Important: All reimbursed amounts will be subject to a 10% administration fee charge deduction.

Cancellation Policy:

In the event of full cancellation, PORCELL TOURS will use its best efforts in negotiating any applicable cancellation fees with suppliers. Only non-negotiable specific fees will not be reimbursed.

The following penalties will apply depending on when the cancellation notice is received:

Cancellation Fee depending on Prior Days Notice:

  • 91 or more days $0
  • 61 to 90 days 25% of trip cost
  • 31 to 60 days 50% of trip cost
  • 0 to 30 days 100% of trip cost

Cancellation of Tours with Flights:

  • No money refund.
  • Any changes are subject to availability from the Airline.
  1. Passports and Visas:

Visa and Passport requirements vary by nationality and change for reasons beyond our control. Although we strive to provide you with accurate information about these requirements, it is the sole responsibility of each traveler to obtain and have available, when necessary, the appropriate valid travel documents. All travelers are advised to consult with the appropriate government authority to determine the necessary documents. Passports must be valid for six (6) months after the return of your trip and you must also have enough blank visa pages for the entry and exit stamps. You may be denied boarding or disembarking from an airplane, boat or train without liability for reimbursement, payment, compensation or credit of any kind if you do not have proper documentation, and will be subject to fines or other costs incurred by PORCELL TOURS that result from incorrect documentation or failure to comply with applicable regulations.

  1. Active elements and behavior:

Some active elements have been incorporated into selected itineraries. To enjoy the trips as planned, a minimum level of physical condition is required. PORCELL TOURS will require prior notification if any participant has any physical or other condition or disability that prevents them from participating in active elements of any trip and/ or could create a risk to themselves or to other group members. The traveler declares that neither he/ she nor anyone traveling with him/ her has any physical or other condition or disability that could create a danger to himself/ herself or to other members of the route. PORCELL TOURS reserves the right to refuse the acceptance of any person it deems inappropriate due to its physical condition. PORCELL TOURS also reserves the right to withdraw from the trip, at the expense of the participant, any person whose physical condition or conduct negatively impacts the enjoyment of the other guests or interrupts the trip.

Our trips entail risks – and rewards – beyond those encountered at home. We always stress that our trips are a partnership with travelers. Our primary objective is to take the hassle out of a great travel experience. In return, we count on people to ensure they are healthy and fit; to read our pre-trip materials about clothing, training, medical requirements and culture-specific etiquette. To appreciate that in some countries, local living standards, practices, services and accommodations may differ from those in North America or Europe (often in delightful ways); and to understand – indeed relish – the fact that a road less travelled means a more unpredictable and more rewarding adventure.

  1. Room improvements / special requests:

Specific requests such as room upgrade, adjoining or connecting rooms, requests for beds and special dietary needs should be reported at the time of booking. Please note that although every effort will be made to secure a special request, it cannot be guaranteed.

  1. Itineraries:

PORCELL TOURS reserves the right to modify the itineraries of the program, including the organized tours, and replace accommodations, including airplanes and trains, at any time due to unforeseen circumstances or circumstances beyond the control of PORCELL TOURS. Every effort will be made to operate the itineraries as planned, but modifications may occur after the final itinerary has been issued.

  1. Insurance:

Before travelling on a trip, PORCELL TOURS strongly recommends that you review your travel  insurance to ensure you have coverage appropriate to meet your needs, and the needs of your family and dependents, in case of any loss of property, or accident, injury or death. Some of PORCELL TOURS trips are intentionally designed to take clients “off the beaten path” to places where facilities, infrastructure, safety and other standards may not be sophisticated and may be different from those in a traveler’s home country. Some trips involve physical activity that can be demanding, depending on the condition of the traveler, and the risk of serious personal injury, including permanent disability and death from accident, illness or the actions or negligence of other persons. Medical facilities and services may not be easily accessible and may not be sophisticated. There are other risks associated with the trips, such as theft or loss of or damage to property. Some of the services provided in connection with the trip, including lodging, transportation, food service, and local tours and activities, are obtained from independent suppliers over whom PORCELL TOURS has no control.

  1. Photography during the trip:

PORCELL TOURS reserves the right to take photographs and videos during the operation of any program or part thereof and to use them for promotional purposes during the program and subsequently. When booking a program with PORCELL TOURS, travelers accept that their images are used in said photographs and videos. Travelers who prefer that their images are not used should indicate this in writing to info@porcelltoursperu.com before the start of the trip.

Refunds are not made for any missed tour services or activities.  Please see “Limitation of Liability, Release and Indemnity” on this page. For verifiable claims to be considered, they must be received in written means within 30 days of the termination of the tour and be accompanied by supporting documentation and/or a statement from the tour operator verifying the claim.

Any adjustments will not be made for unused sightseeing trips or meals. We will not accept any liability for any claims that are not received within 30 days of the termination of the tour.

To be eligible to take a PORCELL TOURS trip, travelers must accept these risks and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the trips. Travelers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage.

Although PORCELL TOURS endeavors to choose appropriate independent suppliers to provide services on the trips, PORCELL TOURS has no right to control their operations and therefore makes travel arrangements for the trips on the condition that PORCELL TOURS will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

FORCE MAJEURE.

Defaults or delays in compliance of obligations by PORCELL TOURS shall be excused in the event that the breach or delay in question is due to a cause of “Force Majeure”. “Force Majeure” means a cause that prevents the fulfillment of an obligation that is beyond reasonable control and that could not be solved by exercising due diligence. These include fire, flood, sabotage, shipwrecks, embargoes, explosions, strikes and other labor conflicts, accidents, riots, acts of government authorities and acts of nature.

If the Customer or PORCELL TOURS is affected by causes of Force Majeure (i) each of the parties will notify the other party immediately, explaining all the details and the expected duration of the cause of Force Majeure and (ii) will do everything possible to remedy the interruption or delay in case it is reasonable to assume that it can be remedied.

PORCELL TOURS will do everything in its power to provide the services, assuming its own expenses, to comply with the delivery dates requested by the Customer.

The cost of all PORCELL TOURS trips is based on travelers agreeing to this Limitation of Liability, Release and Indemnity. In consideration for participating in the trips, travelers agree not to sue PORCELL TOURS in respect of, and forever release it from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip – including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of PORCELL TOURS, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of PORCELL TOURS or their employees, guides, shareholders, officers or directors, in which case the traveler retains the right to sue PORCELL TOURS only in respect of that conduct.

Travelers further agree that they will indemnify and hold PORCELL TOURS harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the travelers; ii) the traveler’s family members, dependants or heirs, iii) third parties, which the traveler, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from PORCELL TOURS; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of PORCELL TOURS, or their employees, guides, shareholders, officers or directors.

Travelers agree that PORCELL TOURS is the trustee of the respective rights of PORCELL TOURS under this Limitation of Liability, Release and Indemnity, which will apply to a traveller’s trips with PORCELL TOURS, and any transfer of a reservation to another trip, including any pre-trip or post-trip extensions. This Limitation of Liability, Release and Indemnity is binding upon all members of the traveler’s family, dependants, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the trip, or the traveler’s relationship with PORCELL TOURS will be resolved exclusively in the courts of Cusco and will be governed exclusively by Peru law. 

PROCESSING OF PERSONAL DATA

Personal data can only be processed with the consent of the owner, except in cases where they are necessary to execute the contractual relationship with PORCELL TOURS, as well as user authentication.

For any other kind of treatment, PORCELL TOURS must have the prior, informed, express and unequivocal consent of the owner of the data.

The owner of the personal data can revoke his/her consent at any time, having to observe the same requirements as in its granting.

PORCELL TOURS must adopt all technical, organizational and legal measures that guarantee security and avoid the alteration, loss, treatment or unauthorized access of personal data.

PORCELL TOURS workers are obliged to keep confidentiality regarding the personal data to which they can access, as well as their background. This obligation subsists even after the relationship with the company has ended.

The owner of the personal data has the right to be informed in a detailed, simple, express, unequivocal way and prior to its collection, about:

Purpose of collecting his/ her personal data.

Recipients of the data.

Existence of the database where the data will be stored.

The mandatory or optional nature of questionnaires that are proposed to him/ her.

The consequences of providing his/ her personal data and his/ her refusal to do so.

The time during which his/ her personal data will be kept.

The possibility of exercising the rights granted by law and the means provided for it (Access, Rectification, Cancellation or Opposition).

If the personal data is collected online through electronic communications networks, the obligations of this article may be carried out by publishing privacy policies, which must be easily accessible and identifiable.

The owner of the personal data can exercise the following rights:

ACCESS: Obtain the information about him/ herself that is the object of treatment in the company’s bank, the way in which that data was collected, the reasons that motivated its collection and at the request of whom the collection was made, as well as the transfers made or that are planned to be made of them.

RECTIFICATION (Update, Inclusion): Right to modify the data that turns out to be partially or totally inaccurate, incomplete, erroneous or false.

CANCELLATION (Deletion): Request the deletion or cancellation of his/ her personal data from a personal data bank when they are no longer necessary or relevant for the purpose for which they have been collected.

OPPOSITION: To oppose, for a legitimate and well-founded reason, referring to a specific personal situation, to appear in a data bank or to the processing of his/ her personal data.

During the process of updating, inclusion, rectification or deletion of personal data, it will be arranged its blocking.

The owner of personal data, who considers him/ herself affected in his/ her rights, may appeal to the National Authority for the Protection of Personal Data in the process of claiming or to the Judicial Power for the purposes of the corresponding habeas data action.