Updated December 2012.
Please read these booking policies and conditions carefully.
They set out your agreement with Ultimate Tours Peru and contain important information.
The Peru’s Challenge Program is operated by Ultimate S.T. E.I.R.L., trading as Ultimate Tours Peru, which has its head office in Cuzco, Peru. The Peru’s Challenge Program includes certain tours and allows you to provide humanitarian and educational assistanceto local Peruvian charities. Some trips within the Peru’s Challenge Program are serviced by local operators.
These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Ultimate S.T. E.I.R.L. and you for the services provided by Ultimate Tours Peru and set out the basis of your legal relationship with Ultimate Tours Peru.
By booking the Peru’s Challenge Program with Ultimate Tours Peru and paying the non-refundable deposit of 450USD per passenger you acknowledge that you have read, understood and agree to be legally bound by these Booking Conditions. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email.
If you have any queries regarding these Conditions or do not understand them, please raise your query with the Peru's Challenge Volunteer Manager via email@example.com or by phoning +51 84 272 508.
PRICES AND VALIDITY
Prices shown on our website and in our promotion are based on known costs and exchange rates. Ultimate Tours Peru reserves the right to adjust prices whether or not you have already made full payment. We will do everything with in our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Dates and itineraries departing after 28 February, 2014 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
On behalf of Ultimate Tours Peru, the Peru's Challenge Volunteer Manager will confirm your placement with the Peru’s Challenge Program via email. The Peru's Challenge Volunteer Manager or a representative will also be in contact to discuss your position as a Volunteer.
You have two weeks upon receiving the confirmation email to pay the non-refundable deposit of 450USD to Ultimate Tours Peru to secure a placement on the Peru’s Challenge Program.
Option One: Direct international bank transfer.
The bank details are:
Bank Name – Interbank or Banco Internacional
Bank Address – Av. El Sol 380, Cusco, Peru.
Account Name – Ultimate S.T.
Account Address – Urb. Ingenieros D-2-12, Larapa, Cusco, Peru.
BSB/Sort Code/Swift Code/Bank Branch Code – BINPPEPL.
Account Number – 4203009912830.
Option Two: The deposit can also be paid to Ultimate Tours Peru on your VISA card over the internet.
Please type the following website address into your internet browser:
Balance of the program fee
The remainder of the program fee is due within seven days after arrival in Cuzco, Peru and must be paid via cash in US dollars or Western Union money transfer.
** DO NOT TRANSFER THE REMAINING FEE INTO THE PERU’S CHALLENGE OR ULTIMATE TOURS PERU BANK ACCOUNTS.
Because Peru’s Challenge is a registered and audited not-for-profit organisation, the Peru’s Challenge bank account cannot receive certain funds for which you are going to receive a service in return, eg. Accommodation, Spanish lessons, tours, transport.
The Ultimate Tours Peru account accrues a 22% business tax as well as international transaction fees from both the Volunteer’s country and Peru. If the volunteer, for any reason, pays his/her remaining fee into the Ultimate Tours Peru account listed above, covering the cost of the fees will be the sole responsibility of the volunteer. Ultimate Tours Peru will not, under any circumstances, be responsible for the 22% tax or the international transaction fees accrued.
US dollars can be withdrawn from any ATM in Cusco.
The process for transferring the final deposit via Western Union is as follows:
If you are not able to access Western Union prior to your arrival to your Peru’s Challenge placement, you may bring travellers cheques for the remainder of the program fee. Please minimise the number of travellers cheques (ie. request cheques for large amounts) you bring as they prolong the payment process.
If the non-refundable deposit of 450USD is not received by Ultimate Tours Peru within two weeks of receiving the confirmation email and/or the full placement fee is not received within seven days after arrival in Cuzco, Peru, your Peru’s Challenge Program placement may be immediately terminated.
Application forms received less than 90 days prior to the scheduled arrival date will be accepted at the sole discretion of the Peru’s Challenge Volunteer Manager.
YOUR TRIP AND ASSUMPTION OF RISK
Under the placement, you will participate in activities that will be outside your country of residence. You should exercise extra care for your own person and belongings. You acknowledge that you have informed yourself of the conditions in Peru and the locations where you will be participating in the Peru's Challenge Program.
You understand that the Peru's Challenge Program includes participation with local Peruvian organisations and recognises that participation is voluntary. You recognise that there are inherent risks that you must assume when you participate in the Peru's Challenge Program. You acknowledge that in the course of your participation in a Peru's Challenge Program, including travel to, from and during the Program, you may encounter difficult conditions and may be subjected to hazards and risks, foreseen and unforeseen and you accepts those risks.
You release Ultimate Tours Peru, its personnel, agents, affiliates including the local Peruvian organisations, staff and directors to any and all liability claims, of any type or description including those with respect to any injury or losses, including personal injury, sickness, disease, death or damage to person or property, whether arising from ordinary negligence or otherwise, and whether involving fees, expenses, or damages of any kind, of yours or your estate. In the event that some other person or entity seeks compensation for claims as to which you have released Ultimate Tours Peru from liability by agreeing to these Booking Conditions, you or your estate will not hold liable and hold harmless Ultimate Tours Peru for all sums incurred in response to such claims.
MEDICAL TRAVEL INSURANCE AND EMERGENCY TREATMENT
Adequate and valid travel insurance is compulsory for all Ultimate Tours Peru travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Ultimate Tours Peru also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by Ultimate Tours Peru’ employees or suppliers. Ultimate Tours Peru reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
You acknowledge that you have consulted with appropriate medical personnel, complied with all necessary inoculations before scheduled arrival date in Peru and have determined that your health is adequate to participate safely in the Peru’s Challenge Program.
Should any medical emergency arise which precludes your ability to consent to emergency treatment when such authorisation is required, Ultimate Tours Peru will endeavour to communicate with the person previously designated by yourself to request permission for any necessary treatment.
If Ultimate Tours Peru personnel believe, in their sole discretion, that time or circumstances do not permit such communication, you authorise Ultimate Tours Peru to consent on your behalf to any medical treatment, including all types of medical examinations, diagnosis, medication, treatment, physician or hospital care, that is deemed advisable by, and is to be rendered under the general or special supervision of any physician and surgeon. You will not hold Ultimate Tours Peru responsible for actions relating to any such medical or emergency treatment and will not hold liable Ultimate Tours Peru for its actions.
You acknowledge and warrant that your insurance is adequate and reasonable and that all information that you have supplied concerning such insurance or your health is complete and accurate.
HEALTH, FITNESS AND AGE LIMITS
It is your responsibility to include on the Peru’s Challenge Program health form of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. You may be required to provide an assessment of your medical condition from a qualified medical practitioner if requested by Ultimate Tours Peru or our suppliers. Ultimate Tours Peru reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Ultimate Tours Peru also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
A legal guardian must accompany all travellers under the age of eighteen. If you have any questions regarding age and suitability, please contact the Peru’s Challenge Volunteer Manager for further advice.
EXCLUSION OF LIABILITY
Except where stated otherwise, Ultimate Tours Peru acts as agent for service providers when making arrangements for the Peru’s Challenge Program. Where Ultimate Tours Peru provides services it will do so with due care and skill. Ultimate Tours Peru is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by Ultimate Tours Peru, any travel agent or other Representative, which has not been stated expressly on the Ultimate Tours Peru website.
Ultimate Tours Peru will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Peru’s Challenge Program (including pre- and post accommodation) are entirely at your own risk and Ultimate Tours Peru cannot and does not give you any assurance, representation or warranty in connection with any such arrangements.
To the fullest extent permitted by law and subject to the exception set out below, Ultimate Tours Peru does not accept liability for any loss, death, injury or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Ultimate Tours Peru to comply with its obligations under this contract, or in respect of any other conduct that Ultimate Tours Peru undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Ultimate Tours Peru and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Ultimate Tours Peru or its Representatives as a result of your participation in any trip. For these purposes, Ultimate Tours Peru enters into these Booking Conditions as trustee or agent for its Representatives.
To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
CANCELLATION BY ULTIMATE TOURS PERU
Ultimate Tours Peru reserves the right, in its sole discretion, to cancel the Peru's Challenge Program in which you are scheduled to participate. In the event of such a cancellation or rejection, the total amount paid by you to Ultimate Tours Peru will be refunded excluding the non-refundable deposit. If due to ‘Force Majeure’ or government travel advice, refunds will be less any unrecoverable costs. Other than such refund, Ultimate Tours Peru is not liable to you for any other refund, costs, interest, liability or damages of any kind.
Ultimate Tours Peru will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Ultimate Tours Peru and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
CANCELLATION BY YOU
If you cancel your placement for any reason at any time, you must notify the Peru’s Challenge Volunteer Manager via email. The cancellation will be effective upon receipt of the email to: firstname.lastname@example.org.
Ultimate Tours Peru incurs administrative and planning costs prior to your scheduled departure date. Therefore, if you cancel your participation in the Peru's Challenge Program, funds paid by yourself to Ultimate Tours Peru will be refunded only as set forth below:
The 450USD non-refundable deposit will not be refunded. You may apply the deposit to another Peru's Challenge Program scheduled to commence within 12 months of the original scheduled arrival date, subject to space availability.
No portion of the placement fee is refundable if the cancellation is received on or after the scheduled arrival date.
After the scheduled arrival date no unused portions of the placement fee are refundable or exchangeable.
You are solely responsible for any travel fees, charges, expenses or penalties, that might result from any cancellation of or change in your Peru’s Challenge Program placement. Ultimate Tours Peru may also cancel your Peru’s Challenge Program if you have not paid the 450USD non-refundable deposit within two weeks of receiving a confirmation email or if you have not paid the remaining placement fee within seven days of arrival in Cuzco.
The placement fee for the Peru’s Challenge Program covers airport transfers in Lima, accommodation for two nights in Lima, Lima city tour, domestic return flight from Lima to Cuzco (not including airfare departure charges/taxes and excess baggage), airport transfer in Cuzco to accommodation, accommodation in volunteer house or local family home-stay, four-day trek to Machu Picchu (if available at time of booking) or two-day train trip to Machu Picchu, or alternative trek, Cuzco ruins tour, Sacred Valley tour, welcome dinner, Spanish classes, Peru’s Challenge t-shirt, administrative expenses, and project and placement costs; as described on the webpage - http://peruschallenge.com/?q=Costs
Without limiting any other obligations or responsibilities, you are responsible for 1) other transport to and from Cuzco, Peru including flights and other transport, accommodation, transfers (including airfare departure charges/taxes and excess baggage), 2) his or her food, 3) travel/medical insurance and inoculations, 4) health assistance during your placement, 5) any costs incurred during free-time, personal time or on activities which are outside the Peru's Challenge Program placement, 6) any costs for additional tours, and 7) any costs incurred should you choose to arrive earlier or remain past the time scheduled for the Peru's Challenge Program placement.
Once your placement has been confirm and you have paid the 450USD non-refundable deposit, Ultimate Tours Peru will book your domestic flights. The flights from Lima to Cusco and Cusco to Lima will be automatically booked on the dates as per your Program itinerary, found http://peruschallenge.com/?q=Volunteer. If for any reason you arrive to Lima before or after the scheduled arrival date as per your Program itinerary, and as a result the flight bookings have to be cancelled or changed, you will forfeit the original booking. Ultimate Tours Peru can book or change these details, however if there are fees or additional costs, you must pay for this via US dollars within 7 days of arrival in Cuzco. If the change in these bookings is due to no fault of your own, then you should be able to recover the cost of the flight through personal travel insurance.
You must send your arrival details into Lima at least one month prior to your placement start date to the Peru’s Challenge Volunteer Manager. On receipt of these details, Ultimate Tours Peru will book your Lima airport transfers, two nights accommodation and the Lima city tour, the cost of which is covered by the program fee. If for any reason your arrival into Lima changes after these bookings are made by Ultimate Tours Peru, and as a result, any or all of the bookings have to be cancelled or changed, you will forfeit the original booking. Ultimate Tours Peru can book these details again, however if there are fees or additional costs, you must pay for this via US dollars within 7 days of arrival in Cuzco. If the change in these bookings is due to no fault of your own, then you should be able to recover the cost of the flight through personal travel insurance.
If you have not transferred your 450USD non-refundable deposit, certain inclusions may be unattainable such as the Machu Picchu tour and other bookings. Once Ultimate Tours Peru receives your 450USD non-refundable deposit, you are automatically booked on a four-day Inca Trail trek to Machu Picchu – space permitting. If you want to change the booking to the two-day train tour to Machu Picchu, you must inform the Peru's Challenge Volunteer Manager via email at the time of transferring the deposit. There is no cost difference between the four-day trek and the two-day train ride option. If notification of change of the four-day Inca Trail to Machu Picchu booking to the two-day train tour to Machu Picchu is received any date after the time of transferring the 450 non-refundable deposit you will forfeit the original booking. Ultimate Tours Peru can re-book you on the two-day train trip to Machu Picchu, however you must pay for this new booking via US dollars or travellers cheques within seven days of arrival in Cuzco. No changes can be made to the Inca Trail trek or the two-day train trip to Machu Picchu trips once they are booked; including date, name or passport number change. Any changes will result in you forfeiting the booking. Ultimate Tours Peru can re-book you on the Inca Trail trek or two-day train trip to Machu Picchu (space permitting), however you must pay for this new booking via US dollars within seven days of arrival in Cuzco.
SPANISH LANGUAGE COURSE
You can participate in a group Spanish language course at beginner, intermediate or advanced level during your placement. Each lesson is one and a half hours long and is held at the volunteer house. All learning materials are supplied. Individual classes can be organised at an additional cost.
You will work voluntarily at the chosen local Peruvian organisation for approximately 25 hours per week. You may request free days away from placement but must be approved by the Peru's Challenge Volunteer Manager. If you are sick, you must call or talk directly to the Peru's Challenge Volunteer Manager to advise of condition.
You must respect the rights and privacy of each other person in the house. Peru's Challenge Program passengers are the only people allowed to sleep in the Volunteer house. No visitors are allowed to enter the house unless approval has been given by the Peru's Challenge Volunteer Manager. Utility bills are covered by Peru’s Challenge Program fee to an agreed monthly limit. All facilities and materials located in Volunteer house are property of Ultimate Tours Peru. All damages and losses must be reported to the Peru's Challenge Volunteer Manager and paid for by passenger(s) responsible.
If you choose to leave the placement or your contract is terminated, you can no longer stay at the volunteer house.
NOT AN EMPLOYEE
You acknowledge that you are not an employee of Ultimate Tours Peru or the local Peruvian organisation and any associated affiliates and waivers all claims and rights that you might otherwise have as an employee.
COMPLIANCE WITH RULES AND LAWS
You will be the guest of local communities in Peru. You agree to follow all applicable rules, policies and guidelines of Ultimate Tours Peru, and any organisation that is conducting activities in which you are participating, and to abide by the laws and regulations of Peru and the local community and of your country of residence, and to behave in a manner that is appropriate in the local community.
If you do not comply, at all times, with all laws and regulations and all rules, policies, and guidelines, referred to above, or do not act appropriately, or the local personnel of Ultimate Tours Peru become concerned that, as a result of your physical health or mental condition, it may not be in your the best interest to continue to participate in the Peru's Challenge Program, Ultimate Tours Peru, in its sole discretion, has the authority to require you to leave the local community, volunteer house or Peru immediately.
Ultimate Tours Peru personnel have your permission to discuss your situation, including your health, physical or mental condition, with any person, including any family member, medical personnel, school official, counsellor, or other person, and to release any information concerning you to such person, whom Ultimate Tours Peru, in it sole discretion, believes would be advantageous or helpful to deal with any concerns that Ultimate Tours Peru personnel may have and/or to determine whether you should remain in Peru or the local community.
If you are required to leave Peru and local community, you are solely responsible for organising appropriate transportation. There will be no refund of the placement fee and you will be responsible for all costs incurred as a result of being required to leave Peru and the local community.
PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with Ultimate Tours Peru. Please ensure that your passport is valid for six months beyond the duration of your holiday.
USE OF LIKENESS
You acknowledge and agree that in the course of your participation in the Peru's Challenge Program and before and after the completion of the Program, the local Peruvian organisation and Ultimate Tours Peru may record your likeness or comments and publish your photos, video, artwork without credit. You consent to the use of your likeness (whether photographed, filmed or videotaped, including, without limitation, portions of a film or videotape), comments and photos or any portion of such in any manner developed now or in the future, including, without limitation, fund-raising and promotional materials, advertising for television, radio, print or other media, and any other Ultimate Tours Peru and local Peruvian organisation's presentations. You agree that, in connection with such use, Ultimate Tours Peru and any local Peruvian organisation, may identify you and may identify your name(s), age, city and state/territory/other district or country of residence. You release, not hold liable and agree to hold harmless Ultimate Tours Peru and any local Peruvian organisation, and persons acting for or on behalf of, from any liability for acts authorised under this section of the Ultimate Tours Peru Booking Conditions.
AUTHORITY OF THE REPRESENTATIVE
At all times the decision of the Ultimate Tours Peru leader or the Peru’s Challenge Program Volunteer Manager will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Ultimate Tours Peru Leader or the Peru’s Challenge Program Volunteer Manager makes about your on-going participation in the program or certain activities that comprise part of the program. If you fail to comply with a decision made by the Ultimate Tours Peru Leader or the Peru’s Challenge Program Volunteer Manager, or interfere with the well-being of the group, then the Ultimate Tours Peru or the Peru’s Challenge Program Volunteer Manager reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
If you have any complaint about your trip, you must make it known at the earliest opportunity to the Ultimate Tours Peru leader or the Peru’s Challenge Program Volunteer Manager, who will normally be able to take appropriate action. If at the end of the program your complaint has not been properly dealt with you must notify us in writing via email to email@example.com within 30 days of the end of the program.
These Booking Conditions and all matters arising from it are governed by, and must be construed in accordance with the law in force in Cusco, Peru. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Cusco and any courts, which have jurisdiction to hear appeals from those courts, and waives any right to object to any proceedings being brought in those courts.
It is the policy of Ultimate Tours Peru to respect your privacy and security. We consider all information you may provide us to be confidential in nature and take all necessary means to protect sensitive information and will not make it available to any third party.