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TERMS AND CONDITIONS OF SERVICE _____________________________________________________________ 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, IF ANY. 3. CONFIRMATION OF RESERVATION: ONCE THE CLIENT HAS COMPLETED STEPS 2.1 AND 2.2, THE COMPANY WILL SEND TO THE CLIENT THE CONFIRMATION VIA E-MAIL. THIRTY DAYS PRIOR TO THE BEGINNING OF THE EXPEDITION THE COMPANY WILL SEND GENERAL INFORMATION ABOUT HOTELS, CONTACT TELEPHONES AND OTHER RELEVANT INFORMATION. 4. BALANCE PAYMENT: THE REMAINING BALANCE WILL BE INVARIABLY PAID BEFORE THE EXPEDITION STARTS. 5. PROMOTIONS, BONUSES AND SPECIAL DISCOUNTS: IN CASE THE CLIENT HAS BEEN OFFERED ANY KIND OF PROMOTION, SUCH AS FREE SERVICES, DISCOUNTS OR OTHER ADDITIONAL SERVICES WITH RESPECT TO THE ONES INDICATED IN THE PROGRAM; LIKE EXTRA TRANSFERS, EXTRA DAYS OR HOTEL NIGHTS, EXTRA MEALS, MASSAGES, CITY TOURS, WINE TOURS, DISCOUNT ON PERSONAL GEAR, FREE RENTAL OF PERSONAL EQUIPMENT, OR ANY OTHER ADDITIONAL BENEFIT OFFERED WITH RESPECT TO THE ONES INDICATED IN THE PROGRAM, THESE BENEFITS MAY BE PROMOTIONAL AND/OR ELIGIBLE BY THE CLIENT; IN ORDER TO OBTAIN THIS BENEFITS, THE CLIENT MUST BOOK THE BENEFITS SENDING AN MAIL TO THE COMPANY EXPLAINING WHICH BENEFITS THE CLIENT WISHES TO TAKE, ACCORDING TO THE AVAILABLE OPTIONS AT THE MOMENT WHEN RESERVATION WAS PERFORMED. THE CLIENT MUST SEND THIS RESERVATION COMPREHENSIVELY AND IN WRITING, WITHIN 30 (THIRTY) CONSECUTIVE DAYS FROM THE MOMENT THE RESERVATION WAS PERFORMED. AFTER THIS PERIOD, ALL BENEFITS WHICH ARE NOT BOOKED AND CONFIRMED WILL EXPIRE AND WILL HAVE NO VALIDITY, WITHOUT ANY POSSIBILITY OF USING THEM IN THE FUTURE, OR ASKING A REFUND OR COMPENSATION FOR THEM. THE CLIENT IS COMMITTED TO BOOK THE FREE OR DISCOUNTED SERVICE INDICATING ALL NECESSARY DETAILS LIKE DATE OF SERVICE, TYPE OF SERVICE, AND DETAILED CHARACTERISTICS; IN CASE THE BENEFIT INCLUDES RENTAL OF PERSONAL GEAR, THE COMPANY IS NOT RESPONSIBLE FOR AVAILABILITY OF SIZES, BRANDS AND MODELS IN THE RENTAL SHOP, THE COMPANY ONLY GUARANTEES THE BENEFIT IN A SHOP SPECIFIED BY THE COMPANY WITH THE AVAILABLE STOCK AT THE MOMENT OF RENTING PERSONAL GEAR. THE RESERVATIONS OF FREE SERVICES CANNOT BE CHANGED OR REFUNDED. IF THE CLIENT, FOR ANY REASON CANNOT TAKE OR DOES NOT WANT TO TAKE THE SERVICE, IT CANNOT BE EXCHANGED AND IT IS NOT POSSIBLE TO REQUEST ANY COMPENSATION OR CREDIT TO 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. THESE BOOKING CONDITIONS HAVE BEEN SENT TO THE CLIENT BEFORE ASKING FOR THE PREPAYMENT. 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 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 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. 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. 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. 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 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. 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.