Terms and conditions - Totally Latin America S.A.
1.1 These are the terms and conditions that apply to your booking.
1.2 In these terms and conditions, "we", "us" and “Totally Latin America” refer to Totally Latin America S.A. Totally Latin America is a company registered in The Republic of Panama under Microfiche: 678724 Document 1666503 on October 20, 2009 and whose registered address is at IPASA Building, 3rd Floor, 41st Street and Balboa Avenue, Panama City, Republic of Panama.
1.3 In these terms and conditions, “Vacation Package” and “Vacation” refers to the vacation or holiday package that you are going to purchase or have purchased from Totally Latin America.
1.4 In these terms and conditions, “Client” refers to any person travelling or intending to travel on a tour operated by us.
1.5 In these terms and conditions, “Travel Documents” refers to the package of information that Totally Latin America issues prior to your vacation departure, including a digital or hard copy of your vacation itinerary and your customer instructions.
2.0 General Legal Provisions
2.1 Your Vacation Package contract is governed exclusively by Panamanian law and is subject to the exclusive jurisdiction of the courts of Panama.
2.2 The copyright of the material contained on our website www.totallylatinamerica.com and our associated websites, brochures, flyers and other marketing material belongs to that of Totally Latin America, or the relevant Licensors. No part of this material may be copied without our express permission.
2.3 The terms and conditions apply equally to you and to all persons named in your booking.
2.4 The law regarding accommodation for persons with disabilities varies from country to country and we cannot guarantee that all hotels, transport and amenities will be equipped and suitable for wheelchair users or disabled persons.
2.5 If you have special requests, we will try to confirm whether these can be met for you prior to booking. If we are unable to confirm any such requests, we will advise you before you book. We cannot guarantee any unconfirmed special requests nor advise you whether such requests have been fulfilled before you leave. We cannot normally confirm or guarantee special requests received within 15 days before departure.
2.6 Before booking you should read through the website and understand the terms and conditions set out in it. We also recommend that you contact our reservations department to check the most up-to-date information about the vacation that you have chosen. Contact us immediately if you think any details we give you are inaccurate.
3.1 The contract is between Totally Latin America and the client, being any person travelling or intending to travel on a tour operated by us. These terms and conditions apply to services detailed in our program and not to the international and national flights. These are subject to the terms and conditions imposed by the airline provider.
3.2 Only we, the person who makes or pays for the booking and those individuals whose names appear in the booking and who will be using the services shall have any rights to enforce any of these terms and conditions. Only we and the person who makes the booking may cancel or change it or any part of it and the consent of any other persons whose names appear on the booking is not required for any such change or cancellation.
4.0 Confirming your booking
4.1 To confirm a booking, Totally Latin America requires a fully completed official booking form (which we will send to you at time of booking) together with the agreed deposit. Clients are deemed to have read and understood the conditions of sale and to have indicated this signing and dating the booking form.
4.2 A booking is accepted and becomes legally binding from the date that Totally Latin America issues the client an official receipt of payment, at which time the deposit becomes non-refundable and non-transferrable.
4.3 Bookings will only be accepted up to and including 10 days prior to your scheduled departure date. Should we choose to accept a booking, within 7 days of a departure, we reserve the rights to include an additional charge of US$50.00 per vacation package, for express delivery of the travel documents.
4.4 Totally Latin America reserves the rights to decline any booking at their discretion.
4.5 Payment should be made in the form of a credit card payment or a direct wire bank transfer, and will be listed on your credit card statement as "Paguelofacil" not Totally Latin America. Credit cards accepted are Visa and MasterCard.
4.6 All our tours are quoted and sold in the currency of the United States Dollar (US $). Any other currencies quoted are for reference purposes only.
5.0 Final Payments and Surcharging
5.1 The final payment plus any applicable surcharges and any other agreed price changes to your tour are payable to Totally Latin America 60 days prior to your departure, or 60 days prior to the first contracted service of your tour.
5.2 Should we not receive final payment within the specified time, Totally Latin America reserves the right to cancel your tour and apply our standard cancellation policy. It is the client´s responsibility to ensure the final payment is paid on time, we do not usually send reminders for money we are owed.
5.3 Totally Latin America will issue the client an official receipt for the final payment.
5.4 Totally Latin America reserves the right to surcharge your tour, to take into account any price increases beyond our or our suppliers control caused by government actions, changes in scheduled airfares, currency fluctuations and increased transportation costs including fuel. Surcharging will not apply to increased insurance premiums and increased governmental taxes imposed after confirmation of your booking.
6.0 Changes and amendments to your tour
6.1 In the unlikely event that we have to change or cancel your vacation package, we will inform you as soon as viably possible. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you. This includes but is not limited to hotel bookings and tranportation times / schedules.
6.2 If a major change is necessary or deemed advisable, Totally Latin America will inform the client as soon as reasonably possible. A major change does not apply to the carrier, transport or named accommodation. It is normally considered to be a major change if there is a re-routing of the itinerary, a significant change in the duration of your holiday or the cancellation of a major excursion with no apparent reason. Totally Latin America will not accept responsibility for changes in flight schedule or departure airport, as this is the responsibility of the airline. However we will endeavour to minimise their effects on your journey. If advised of a major change before departure, the client will have the choice of accepting the changes, purchasing another tour from Totally Latin America or cancelling the tour with a refund. Provided that the major change is not a result of situations outside Totally Latin America's control or consolidation.
6.3 An administration fee of $50 per person will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 60 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges as below. (See cancellation policy below). Should this change or transfer to a different departure date result in the cancellation of pre-paid services (like flights or the Inca Trail etc.) the client shall also be liable to pay for any additional charges which are levied by our suppliers, and will not be the responsibility of Totally Latin America.
6.4 If a client is unable to travel, in circumstances which Totally Latin America considers reasonable, then the booking might be transferred to another suitable person, however the tour arrangements must remain the same and if all suppliers (including airlines) agree to accept the name change. If a transfer is allowed then an administration charge of US$100 per person will be charged, should the change occur 60 days prior to departure then we will charge an administration charge of US$200 per person. The client shall also be liable to pay for any additional charges which are levied by our suppliers.
6.5 We will only accept requests for changes or cancellations from the person who made the booking.
7.0 Our cancelation policy
7.1 Should the client wish to cancel, cancellation charges will be imposed. Cancellation charges are calculated from the day that we receive written notification to this effect. Charges are as follows:
- 75 days or more before departure: we will retain 100% of your deposit.
- 75 – 30 days before departure: we will retain 80% of the total tour cost.
- 29 – 14 days before departure: we will retain 90% of the total tour cost.
- Less than 14 days: we will retain 100% of the total tour cost.
- Please Note: The above percentages are not guaranteed. Your refund is based upon the status of all payments associated with your tour at the time of cancellation. We reserved the right to only refund monies which have not been paid to our suppliers (if any), and any subsequent refunds that we may receive from our suppliers after cancellation of your tour.
7.2 Should the client wish to cancel a booking with us, then they must provide a written, signed and dated letter confirming they wish to cancel.
8.1 We are not liable to you if we or our suppliers are hindered from providing all or part of your vacation package due to unusual and unforeseeable circumstances beyond our control or that of our agents, suppliers or subcontractors that could not have been avoided or due to an event that we could not (even with all due care) have foreseen or prevented. The circumstances and events referred to above include (but are not limited to) the following: war or threat of war, riot or civil disturbance, terrorist or threatened terrorist activity, industrial disputes or threatened industrial disputes, the actions of national or local governments, natural or nuclear disasters, fire or flood, adverse weather conditions, delays in your flights, airports being closed or full, cancellation or changes to service of scheduled transport providers, changes brought about as a result of recommendations made by the Foreign and Commonwealth Office or any other government or international organization or agency, any changes in legislation or other government or local authority measures made or taken after the date on which you book your tour, airport departure taxes, and any additional costs incurred by irresponsible behavior.
8.2 Clients bookings are accepted on the understanding that they appreciate the possible risks inherent to adventure travel and that they undertake the tours, treks or expeditions, featured in our tours at their own risk. It is also important to understand that the most meticulously planned arrangement can go wrong. Conditions are such on some of our tours that there may be occasions when delays, discomforts or unforseen circumstances will occur. Totally Latin America cannot accept complaints due to these aspects
8.3 Where the client does not suffer personal injury, the company accepts liability should any part of the tour arrangements, booked with Totally Latin America, not be supplied as described in the itinerary. In such cases Totally Latin America will pay reasonable compensation if the clients enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Totally Latin America or its suppliers and the reason for the failure was the client's own fault, the actions of someone unconnected with the tour arrangements or one which neither the company nor its suppliers could have anticipated or avoided, even if all due care had been exercised.
8.4 When the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Totally Latin America, Totally Latin America accepts responsibility unless there has been no fault on Totally Latin America's part or its suppliers and the cause was the clients fault, the action of someone unconnected with the tour arrangements, or one which neither Totally Latin America nor its suppliers could have anticipated or avoided, even with the exercise of all due care.
8.5 Totally Latin America's acceptance of liability to pay compensation pursuant to clauses 8.3 and 8.4 is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention
8.6 Totally Latin America's acceptance of liability in clauses 8.3 and 8.4 above is subject to assignment by the client to Totally Latin America of the client's rights against any agent, supplier or subcontractor of Totally Latin America, which is in any way responsible for the unsatisfactory holiday arrangements or the client's death or personal injury
8.7 We do not accept liability where any form of loss or damage that is due to your own fault or that of any party named on your booking.
8.8 Totally Latin America accepts no liability for lost or damaged luggage or personal items at any time during your vacation. We strongly advise that you take out trip insurance that provides sufficient covers should you suffer damage or loss of your luggage and damage or loss of your personal effects.
9.0 Delays & Flight delays
9.1 Totally Latin America cannot accept responsibility for additional costs incurred directly or indirectly by flight delays including but not limited to cancellations of scheduled flights, delays caused by mechanical breakdown or bad maintenance, changes in airlines schedules, actions of the airport authority & air-traffic controllers, bad weather conditions and industrial action.
9.2 Totally Latin America cannot accept responsibility for additional costs incurred directly or indirectly by other transport delays that are beyond our control including but not limited to cancellation of scheduled train, bus and boat departures, delays caused by mechanical breakdown or bad maintenance, changes in train, bus and boat schedules, actions of the local or national authorities, bad weather conditions and industrial action.
9.3 Additional costs incurred by flight, transport and sea/boat delays are the responsibility of the client and not Totally Latin America.
10.1 We can usually sort out problems on the spot if we know about them. It is your responsibility to inform your local contact or us at that specific time should you have a complaint. You should notify us in writing of all complaints as soon as possible and, in any event, no later than 28 days after your return home. This is to give us a reasonable opportunity to make appropriate enquiries and obtain evidence. If you do not follow this procedure it will make it harder for us to resolve your complaint and this could prejudice any claim for compensation that you wish to make.
11.0 Your Responsibilities
11.1 If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to others or damage to property, we may terminate your Holiday Package. If this happens, we will not pay you anything and you will be responsible for travel back to your home country. If we incur expense as a result of your behaviour you shall fully compensate us for that expense.
11.2 For your own protection, we strongly recommend that you and all members of your party must have suitable insurance (including insurance to cover the costs of cancellation of your vacation and the costs of assisting you if you or your party has an accident or becomes ill) for the full period of your vacation. Please note it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs.
11.3 You must ensure that you have a valid passport and necessary visas for entry to all countries for the entirety of your vacation. We are not responsible or liable to you if you fail to follow the correct procedures. We shall reimburse any penalties or expenses that we incur as a result of your failure to travel with appropriate travel documents.
11.4 It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertake. It is also your responsibility to ensure that you can prove you have had any necessary vaccinations for your travel arrangements. Consult your doctor about any health requirements for all destinations to which you are travelling. We are not liable if you are refused entry to any country or part of a country because you cannot prove that you have had the necessary vaccinations or because you do not comply with the health requirements of your destinations.
12.1 Information collected in conjunction with any client intending or travelling with Totally Latin America including names, dates of births, addresses, telephone numbers, email addresses, passport numbers, tour details and tariffs are for the strict use of Totally Latin America and legally owned divisions of Totally Latin America. We will not sell or pass on any details about our clients for profit or gain, all information is kept in the strictest of confidence. We do however reserve the right to pass on only the relevant information to our approved suppliers and partners in order to purchase specific parts of the contracted tour. (For example: to purchase airline tickets we need to supply names, dates of births, nationalities and passport numbers)
12.2 Should we handle payment information such as a credit card or direct bank transfer details it is our policy to permanently destroy any written records within one hour after the transaction has been completed.
12.3 We will never store your sensitive payment information electronically or keep any other records in our systems. We will only send information electronically for processing of payments and only ever using a secure and well known service provider. If you choose to pay for your vacation package through one of our payment serivces providers (Paguelofacil or any other approved supplier), you need to read, understand and agree to their terms and conditions before making any payment, as they may be different from ours.
12.4 We will retain your name, address contact details and tour information in our system for a period of 7 years only. All other information we will permanently destroyed 60 days following the last date of your vacation.