TERMS AND CONDITIONS OF SERVICE
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THE FOLLOWING GENERAL TERMS ARE IN TOTAL AGREEMENT WITH THE REGULATIONS OF LAW 18.829, DECREE 2.182/72 AND RESOLUTION 404/72 OF ARGENTINIAN LEGISLATION.

ACOMARA-ACONCAGUAEXPEDITION.COM, ADDRESSED AT 545 MONTEVIDEO ST., OFFICE 4, MENDOZA CITY, HEREINAFTER THE COMPANY, ESTABLISHES THE FOLLOWING GENERAL TERMS IN THE PROVISION OF TOURIST SERVICES IN THE ANDES, ESPECIALLY IN MOUNT ACONCAGUA:

1. KNOWLEDGE OF EXPRESSED TERMS: WHEN YOU, HEREINAFTER THE CLIENT, ACCEPT AND SEND YOUR RESERVATION FORM (AND THE FORM OF ANY OTHER PERSON INCLUDED UNDER YOUR NAME IN THE RESERVATION) AND IT IS ACCEPTED BY THE COMPANY, THE CLIENT EXPLICITLY AGREES AND ACCEPTS ALL THE DETAILED CLAUSES IN THESE GENERAL TERMS, AND GUARANTEES THAT ALL THE INFORMATION IN THE RESERVATION FORM IS COMPLETE AND TRUE. WHEN THE COMPANY ACCEPTS THE RESERVATION, AGREES TO FULFILL THE OBLIGATIONS DEFINED IN THIS CONTRACT.

2. RESERVATIONS: THEY WILL BE RECEIVED AND CONFIRMED WHEN THEY ARE FORMALIZED BY THE CLIENT:

2.1 BY THE REMITTANCE OF THE COMPLETE RESERVATION FORM. EVERY PERSON PARTICIPATING IN THE EXPEDITION MUST COMPLETE ONE FORM AND SUPPLY THE LARGEST AMOUNT OF INFORMATION. THE CLIENT WILL NOTIFY IMMEDIATELY IF ANY INFORMATION IN THE FORM HAS CHANGED.

2.2 BY PAYING A DEPOSIT, THE CLIENT WILL PAY ALL TRANSFERENCE COSTS AND TAX, IF ANY.

3. RESERVATION CONFIRMATION: ONCE THE CLIENT HAS COMPLETED STEPS 2.1 AND 2.2, THE COMPANY WILL SEND HIM BY EMAIL CONFIRMATION OF HIS RESERVATION AND ACCESS TO SELF-MANAGEMENT OF RESERVATION. FIFTEEN DAYS BEFORE THE BEGINNING OF THE EXPEDITION, INFORMATION ABOUT HOTELS, CONTACT TELEPHONE NUMBERS AND OTHER INFORMATION OF INTEREST WILL BE SENT.

4. BALANCE PAYMENT: THE REMAINING BALANCE WILL BE INVARIABLY PAID BEFORE THE EXPEDITION STARTS ACCORDING TO THE CONDITIONS STATED AT THE TIME OF BOOKING.

5. SPECIAL PROMOTIONS, GIFT AND DISCOUNTS: IN CASE OF EXTRA BENEFITS OR PROMOTIONS, IN ORDER FOR THE CLIENT TO OBTAIN THIS BENEFIT, THE CLIENT MUST RESERVE IN ADVANCE IN WRITING WHICH SPECIAL BENEFIT TO TAKE, WITHIN THE OPTIONS OFFERED AT THE TIME OF RESERVATION. THE CLIENT MUST SEND THIS RESERVATION COMPLETELY AND IN WRITING WITHIN A MAXIMUM PERIOD OF 30 (THIRTY) DAYS FROM THE BOOKING OF HIS EXPEDITION OR TREKKING. AFTER THIS PERIOD HAS PASSED, ANY BENEFIT OR DISCOUNT OFFERED THAT DOES NOT HAVE THE CORRESPONDING CONFIRMED RESERVATION WILL EXPIRE AND WILL NO LONGER BE VALID, WITHOUT THE POSSIBILITY OF MAKING USE OF THOSE SERVICES OR DISCOUNTS IN THE FUTURE, NOR TO REQUEST ANY TYPE OF COMPENSATION OR REMEDY FOR THIS LOSS. THE CUSTOMER AGREES TO RESERVE THE SERVICE FOR FREE OR WITH A DISCOUNT, INDICATING IN DETAIL ALL THE DATA NECESSARY TO INDIVIDUALIZE THEM, IF THE BENEFIT INCLUDES RENTAL OF PERSONAL CLOTHING, THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SIZES, BRANDS AND MODELS OF THE RENTAL STORE, THE BENEFIT IS ONLY GUARANTEED IN THE STORE DETERMINED BY THE COMPANY WITH THE STOCK AVAILABLE AT THE TIME OF THE RENTAL. RESERVATIONS OF SUBSIDIZED SERVICES HAVE NO CHANGE OR REFUND. IN THE EVENT THAT THE CUSTOMER, FOR ANY REASON, CANNOT OR DOES NOT WISH TO TAKE THE SERVICE, IT MAY NOT BE EXCHANGED FOR ANOTHER, NOR REQUEST ANY TYPE OF COMPENSATION OR CREDIT FROM THE COMPANY.6. PRICES: ALL PRICES MENTIONED ARE EXPRESSED IN AMERICAN DOLLARS AND ARE SUBJECT TO MODIFICATIONS WITHOUT PRIOR WARNING. THE CLIENT PAYS ACCORDING TO THE CURRENT RATE. THE PRICE WILL BE FIXED WHEN THE CLIENT PAYS 100% OF THE HIRED SERVICES.

7. CANCELATION, CREDITS AND REFUNDS POLICY:  IF FOR SOME REASON THE CLIENT NEEDS TO CANCEL HIS/HER PARTICIPATION IN ANY OF THE PROGRAMS, HIS/HER PREPAYMENT WILL BE SUBJECT TO THE BOOKING CONDITIONS PERFORMED BY THE CLIENT. EARLY BOOKING, LAST MINUTE, ECONOMY AND SPECIAL OFFERS ARE NON-REFUNDABLE, NON-CANCELABLE AND NON-RESCHEDULABLE. NO REIMBURSEMENT OF MONEY APPLIES FOR THESE PAYMENTS. STANDARD PRICE, FLEXIBLE AND PREMIUM BOOKING APPLY FOR THEIR RESPECTIVE TERMS AND CONDITIONS.

8. CHANGES MADE BY THE COMPANY BEFORE DEPARTURE: THE COMPANY RESERVES THE RIGHT TO MODIFY ITINERARIES, SERVICES, DEPARTURE DATES, ETC. IF BY THIS THE COMPANY MAY OFFER A BETTER SERVICE OR WHEN AN ACT OF GOD OR CAUSES BEYOND THE COMPANY’S CONTROL OCCUR, SUCH AS: STRIKES, PARK RANGERS STRIKES, EARTHQUAKES, CIVIL WAR, QUARANTINE, REVOLUTIONS, FIRES, ADVERSE METEOROLOGICAL CONDITIONS, EPIDEMICS BAD OR DANGEROUS ROADS AND TRAILS CONDITIONS, LACK OF WATER OR SNOW, ETC., BEING THESE JUST EXAMPLES. THE COMPANY RESERVES THE RIGHT TO CANCEL AN EXPEDITION OR SERVICE DUE TO CIRCUMSTANCES BEYOND CONTROL. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY EXPENSES PAID BY THE CLIENT DUE TO THIS CANCELATION. SUCH CANCELATION WILL BE CONFIRMED TO THE CLIENT IN WRITING. THE CLIENT MAY HAVE A DISCOUNT TO RETURN AND TRY AGAIN DURING THE NEXT SEASON OR ASK FOR A REFUND, ACCORDING TO THE BOOKING CONDITIONS OF THE CLIENT’S RESERVATION.

9. CHANGES MADE BY THE COMPANY DURING THE EXPEDITION: IT IS IN THE NATURE OF THIS KIND OF SERVICES TO BE FLEXIBLE TO CHANGES. THE DAILY ITINERARY AND THE COORDINATION OF DETAILS ARE ASSUMED AS A GOAL TO ACHIEVE AND NOT AS CONTRACTUAL OBLIGATIONS. THE COMPANY IS NOT RESPONSIBLE FOR DELAYS OR ALTERATIONS ON THE SCHEDULE DUE TO (BUT NOT EXCLUSIVELY TO) CAUSES SUCH AS LOSS OF LUGGAGE BY AIRLINES, WEATHER CONDITIONS, AVALANCHES, MULES ACCIDENTS, DAMAGE OF MATERIALS, FLIGHT CANCELATIONS, ILLNESSES, WARS, STRIKES, CAUSES BEYOND CONTROL, ETC. THE COSTS ARISING FROM SUCH CIRCUMSTANCES WILL BE PAID BY THE CLIENT.

10. MOUNTAIN GUIDES: RIGHTS AND OBLIGATIONS: GIVEN THE NATURE OF THE HIRED SERVICE, THE DECISIONS AND OBJECTIVES TAKEN BY THE GUIDE AS THE LEADER OF THE EXPEDITION ARE DETERMINING. IF THE GUIDE CONSIDERS THAT THE BEHAVIOR, PHYSICAL CONDITION, MENTAL ILLNESS OR ANY OTHER REASON OF THE CLIENT MIGHT ENDANGER THE SAFETY, HEALTH OR WELLBEING OF HIS OWN OR THE ENTIRE GROUP, THE CLIENT WILL BE INFORMED TO ABANDON THE EXPEDITION FORFEITING ANY RIGHT TO A REFUND OF ANY KIND.  THE COMPANY HAS THE RIGHT TO RESORT TO PUBLIC FORCE IF NECESSARY. BESIDES, THE GUIDE AS LEADER OF THE GROUP, CAN DECIDE TO CHANGE ANYTHING DURING THE SCHEDULE PROGRESS, IF HE/SHE CONSIDERS THE GROUP IS IN DANGER OF IF SUCH CHANGE WILL BE BENEFICIAL FOR THE SUCCESS OF THE ACTIVITY. THE CLIENT EXPRESSLY ACCEPTS THE GUIDE´S AUTHORITY DURING THE ENTIRE EXPEDITION.

11. DOCUMENTATION: THE INFORMATION REQUIRED 90 DAYS IN ADVANCE IS ESSENTIAL TO ORGANIZE THE NECESSARY LOGISTICS AND OBTAIN THE PARK ENTRY PERMIT. DELAYS BY THE CUSTOMER WILL GENERATE EXTRA COSTS AND POSSIBLE CANCELLATION WITHOUT COMPENSATION. THE CLIENT WILL ARRANGE THE VISA TO ENTER ARGENTINA (IF REQUIRED, DEPENDING ON HIS/HER NATIONALITY). IN CASE THE CLIENT IS MINOR, THE CLIENT WILL HAVE TO SUBMIT THE CORRESPONDING DOCUMENTATION (FOR EX. THE OBLIGATORY STEPS REQUIRED BY THE AUTHORITIES OF PARQUE PROVINCIAL ACONCAGUA). THE COMPANY DECLINES ALL RESPONSIBILITY IF THE VISA IS REJECTED BY THE AUTHORITIES, OR IF THE ENTRANCE TO ARGENTINA IS DENIED. THE COSTS ORIGINATED BY THE AFOREMENTIONED REASONS OR ANY SIMILAR REASON WILL BE PAID BY THE CLIENT. UNDER THESE CIRCUMSTANCES OR CONDITIONS, IT WILL BE CONSIDERED THAT THE CLIENT CANCELS THE EXPEDITION VOLUNTARILY.

12. LUGGAGE: ALL LUGGAGE AND PERSONAL EFFECTS WILL BE, AT ALL TIMES, THE EXCLUSIVE RESPONSIBILITY OF THE CLIENT. EITHER IN MENDOZA CITY OR ON THE MOUNTAINS, EVEN WHEN THE CLIENT ABANDONS THE EXPEDITION OR IF HE/SHE IS EVACUATED DUE TO HEALTH PROBLEMS, THE CLIENT WILL BE RESPONSIBLE EITHER FOR HIS/HER GEAR AND BELONGINGS. IN CASE OF ACCIDENTS, LOSS OR DAMAGE DURING THE TRANSFER OF GEAR IN VEHICLES, PORTERS OR MULES, THE COMPANY WILL ONLY INDEMNIFY UP TO A MAXIMUM AMOUNT OF USD 300, FOR BEING INDEMNIFIED THE CLIENT MUST DEMONSTRATE THE DAMAGES WITH A FORM IN WRITING.

13. INCLUDED SERVICES: THE SERVICES THE COMPANY IS OBLIGATED TO RENDER DURING THE PERFORMANCE OF THE BOOKED ITINERARY ARE THE ONES DESCRIBED IN THE INCLUDED SERVICES IN THE INFORMATION OF EACH PROGRAM PUBLISHED IN THE WEBSITE WWW.ACONCAGUAEXPEDITIONS.COM AND SENT BY E-MAIL OR ON THE SELF-MANAGEMENT RESERVATION PLATFORM AVAILABLE TO THE CUSTOMER FROM THE MOMENT OF CONFIRMING THEIR RESERVATION.

14. NON-INCLUDED SERVICES: ALL SERVICES THAT ARE NOT INCLUDED IN THE AFOREMENTIONED SERVICES, SUCH AS EXTRAS, PHONE CALLS, WASH AND IRONING OF CLOTHES, TIPS, MEALS ON ROAD, ADMISSION TO AMUSEMENT CENTERS, PARKS AND NATURE RESERVES, ETC., AND ALL SERVICES NOT SPECIFIED IN THE AFOREMENTIONED POINT.

15. EXPEDITIONS, NON USED SERVICES: SINCE THE PRICE OF THE PROGRAM OF THE EXPEDITION IS QUOTED AS A PACKAGE, NO REFUND OR COMPENSATION WILL BE GIVEN FOR THE NON-USED SERVICES SUCH AS LODGING, TRANSPORT, PERMITS, OR ANY OTHER NON-USED INCLUDED SERVICES, EXCEPT PREVIOUSLY STATED CONDITION IN WRITING BEFORE BOOKING.

16. THE COMPANY AS AN INTERMEDIARY: WHEN THE COMPANY ACTS AS AN INTERMEDIARY BETWEEN THE CLIENT AND THIRD COMPANIES, SUCH AS OTHER PROVIDERS, TRANSPORTATION, HOTELS, COMPANIES WHICH OFFER MEDICAL COVERAGE, RESTAURANTS, ETC. IN CASE ANY INTERMEDIARY COMPANY FAILS TO COMPLY WITH THE SERVICES, THE COMPANY COMMITS TO CARRY ON WITH ALL THE NECESSARY PROCEDURES TO ACHIEVE THE PROPOSED SERVICE, LIKE HIRING NEW PROVIDERS, WITHHOLDING PAYMENTS OF THOSE WHO FAIL TO COMPLY, ETC. THE COMPANY IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY THIRD PARTIES.

17. HEALTH: THE PROGRAMS DEVELOP IN REMOTE AREAS, WITH LITTLE OR NO ACCESS TO EVACUATION AND/OR RESCUE SERVICES, MEDICAL CARE OR HOSPITALS. SO, THE CLIENT´S GOOD PHYSICAL CONDITION AND HEALTH IS VITAL. THE CLIENT IS EXCLUSIVELY RESPONSIBLE FOR PREVIOUS MEDICAL CHECKUPS AND THE COMPANY IS NOT RESPONSIBLE IF THEY WERE NOT CARRIED ON AND NOT DECLARED IN THE RESERVATION FORM. THE CLIENT MUST INFORM IN THE RESERVATION FORM ABOUT ILLNESSES, MEDICATION OR MEDICAL TREATMENTS. THE CLIENT DECLARES UNDER OATH NOT TO USE PSYCHOTROPIC SUBSTANCES WHILE THE SERVICES HIRED FROM THE COMPANY ARE BEING PROVIDED. THE GUIDES ARE WIDELY PREPARED TO ACT IN CASE OF EMERGENCIES AND THEY CARRY A KIT WITH BASIC MEDICINES. HOWEVER, IT IS THE RESPONSIBILITY OF THE CLIENT TO TAKE WITH HIM/HER THE SPECIFIC MEDICATION THAT THE CLIENT MIGHT NEED. 

18. EQUIPMENT AND CLOTHING: THE CLIENT IS RESPONSIBLE FOR BRINGING THE APPROPRIATE EQUIPMENT AND CLOTHING, WHICH HAVE BEEN DESCRIBED IN THE INFORMATION ABOUT THE EXPEDITION. THE COMPANY´S STAFF CAN ADVISE THE CLIENT DURING THE SELECTION OF GEAR. THE COMPANY, GUIDES, COORDINATORS OR ANY ASSOCIATED PERSON WHO WORKS WITH THE COMPANY, WILL NOT BE RESPONSIBLE IN CASE OF ACCIDENTS OR SETBACKS WHICH MIGHT HAPPEN FOR BAD USE OR LOW QUALITY OF THE EQUIPMENT OR CLOTHING OF THE CLIENT. 

19. CLAIMS AND COMPLAINTS: A COMPLAINT WILL BE CONSIDERED FORMAL, WHEN IT IS MADE IN WRITING AND WITHIN 10 DAYS OF THE CONCLUSION OF THE EXPEDITION (WHETHER VIA E-MAIL, SIGNED NOTE OR CUSTOMER SATISFACTION SURVEY).

20. INSURANCES:  PERSONAL TRAVEL INSURANCE IS NOT INCLUDED IN THE PRICE OF THE PROGRAM. THE COMPANY RECOMMENDS HIRING A TRAVEL INSURANCE AT THE CLIENT´S COUNTRY.

21. EXPENSES FOR ABANDONING THE TRIP: IN ORDER TO HAVE MORE AND BETTER SERVICES AT THE LOWER POSSIBLE COST, THE ITINERARY IS QUOTED WITH GROUP SERVICES. WHEN THE CLIENT ABANDONS THE ITINERARY FOR ANY REASON (PERSONAL REASONS, ILLNESS, AMONG OTHERS), HE/SHE STARTS TAKING PRIVATE AND INDIVIDUAL SERVICES. THOSE SERVICES WILL HAVE EXTRA COST WHICH WILL BE PAID BY THE CLIENT SINCE THEY ARE NOT INCLUDED IN THE ORIGINAL PRICE OF THE HIRED SERVICE. NEVERTHELESS AND IN THE CASE OF OPEN OR PRIVATE EXPEDITIONS, THE HOTEL NIGHTS CAN BE USED OUTSIDE THE ESTABLISHED DATES FOR THE ENTIRE GROUP, SUBJECT TO THE HOTEL AVAILABILITY. IN CASE EXTRA HOTEL NIGHTS ARE REQUIRED, THE CLIENT WILL BE ABLE TO BOOK THEM THROUGH THE COMPANY.

22. LEGAL RESPONSIBILITY: THE RESERVATION IS ACCEPTED WITH THE UNDERSTANDING THAT THE CLIENT READ, ACCEPTED AND ASSUMED THE HIGH POTENTIAL RISK THAT HIGH MOUNTAIN ACTIVITIES IMPLY, THAT THE CLIENT IS MENTALLY AND PHYSICALLY CAPABLE OF TAKING PART IN SUCH ACTIVITIES, THAT HIS/HER PARTICIPATION IS VOLUNTARY, AND THAT THE CLIENT ACCEPTS THESE ADVENTURE ACTIVITIES ARE RISKY. RISKS ARE CERTAINLY INHERENT TO THIS KIND OF ACTIVITY, AND IT CANNOT DISAPPEAR WITHOUT DESTROYING THE UNIQUENESS OF THE ACTIVITY. THESE INHERENT RISKS COULD CAUSE EQUIPMENT LOSS OR DAMAGE. THEY MIGHT ALSO CAUSE ACCIDENTS, INJURIES, ILLNESSES (LIKE MOUNTAIN ACUTE SICKNESS, EDEMAS, FREEZING, ETC.) OR, IN EXTREME CASES HANDICAP, PERMANENT TRAUMA AND DEATH TO PEOPLE. THE CLIENT AGREES HE/SHE WILL NOT CLAIM NOR DEMAND ANY KIND OF COMPENSATION TO THE COMPANY DUE TO ANY DAMAGE OR ACCIDENT ORIGINATED BY ANY REASON: DAMAGES OR ACCIDENTS CAUSED BY TENT BRAKE, ROPES OR OTHER EQUIPMENTS; DAMAGES OR ACCIDENTS CAUSED BY ANIMALS; DAMAGES OR ACCIDENTS CAUSED BY OTHER PEOPLE´S NEGLIGENCE WHICH MAY GENERATE ACCIDENTS TO THE CLIENT, OR BY ANY OTHER REASON, AND THE CLIENT AGREES AND ASSUMES THIS IS A HIGH RISK ACTIVITY.

23. LIMITATION OF LIABILITY: THE LIABILITY OF THE COMPANY AGAINST ANY EVENT WILL BE RESTRICTED AND WILL NOT EXCEED THE VALUE OF THE PRICE OF THE HIRED SERVICE

24. LAW, JURISDICTION AND COMPETENCE: THE PRESENT TERMS AND ITS ANNEXES ARE EXCLUSIVELY SUBJECTED TO THE RULES IN FORCE THAT REGULATE THIS SUBJECT IN THE ARGENTINE REPUBLIC.  FOR ANY DIVERGENCE THAT MAY PRESENT, THE ONLY COURT WITH LEGAL AUTHORITY WILL BE THE TRIBUNALES ORDINARIOS DE LA PRIMERA CIRCUNSCRIPCIÓN JUDICIAL DE LA PROVINCIA DE MENDOZA, ARGENTINA, (ORDINARY COURTS OF THE FIRST JUDICIAL DISTRICT OF THE PROVINCE OF MENDOZA, ARGENTINA), NO OTHER COURT AND/OR JURISDICTION, ESPECIALLY THE FEDERAL COURT OR THE ONE IN OTHER COUNTRIES, WILL HAVE LEGAL AUTHORITY.