Legal

Terms and Conditions

Tanakar Ushuaia file 18144

A) PASSENGER’S PERSONAL DATA: It is mandatory to complete all fields with valid data in order to make valid reservations of tourist services through the Company. The Passenger declares that the personal data included when making the reservation is accurate, precise and true, and assumes the commitment to update such Personal Data as necessary. The Company is not responsible for the accuracy of the Personal Data provided by the Passenger. The Passenger guarantees and is responsible for the truthfulness, accuracy, validity and authenticity of the Personal Data entered.

B) LIABILITY:
1) The Company shall not be liable for events occurring due to acts of God or force majeure, climatic phenomena or acts of nature occurring before or during the performance of the services that prevent, delay or in any way hinder the total or partial performance of the contracted services.
2) In no case shall the Company be liable to Passengers for indirect damages or loss of profits alleged by them as long as they do not refer to events in which the officers, employees or authorities of the Company have not participated in them.

C) APPLICATIONS AND PAYMENTS:
1) The price estimated at the time of the request for services is subject to availability and to modifications without prior notice, when there is an alteration in the same and/or modifications in their costs and/or in the exchange rate applied due to causes not attributable to the parties. The Company shall not be liable for any resulting increased costs.
2) All amounts paid prior to confirmation of services are received as a reservation.
3) The definitive prices will be fixed from the moment of the definitive confirmation of the services that occurs with the issuance of the service orders (hereinafter “vouchers”) and their invoicing.
4) The payment of the balance of the price must be fulfilled within the term and conditions agreed upon by the parties, otherwise, the Company may cancel the services with prior notice to the passenger, and the passenger shall not be entitled to any refund.

D) PRICES INCLUDE: All those services that are expressly detailed in the travel documentation. Among them, the number of passengers, excursions, transfers, tickets, etc. as detailed in the respective Vouchers.

E) SERVICES OR ITEMS NOT INCLUDED IN PRICESServices or items not included in the prices: They are not included in the base prices of the contracted services:
1) Anything that is not duly detailed in the Voucher, which implies an additional charge to the amount paid at the moment of receiving the Voucher.
2) Extras, port boarding tax, National Park entrance fee, museums, meals, beverages, optional services, etc. and/or any other service or expense not expressly indicated on the Voucher.
3) Expenses for damages caused by cancellations, delays in departures or arrivals of the means of transportation or for unforeseen reasons beyond the Company’s control and/or arising from force majeure or beyond the Company’s control.
5) Expenses and interest on credit operations.

F) LIMITATIONS TO THE RIGHT OF PERMANENCEThe Company reserves the right to cause any Passenger to leave a Tour at any point in the Tour whose conduct, behavior, state of health, or any other serious reason that in the Company’s opinion causes danger or inconvenience to other travelers, or that may jeopardize the success of the excursion or the normal development of the same, or that may cause damage to third parties.

G) CANCELLATIONSIn case of cancellation by the Passenger of services firmly contracted, cancellations may be made up to 7 days before the trip. In all cases of reimbursement, the Company may retain ten percent of the contracted services as a penalty. Cancellations made less than 6 days prior to departure will not be refunded.
2) The Company is not responsible for the services that were not taken by the Passenger in the agreed time and manner, nor for the consequences arising therefrom.

H) CHANGE OF DATEThe postponement or advancement of the dates stipulated in each case may be made according to availability at the time of the change. The Company is released from all liability in the event that it is unable to meet the changes requested by the Passenger, in which case the provisions of clause G) above (“CANCELLATIONS”) shall apply.

I )CLAIMS – REIMBURSEMENTS: They must be presented within 15 days of the end of the trip, in writing, accompanied by receipts and supporting documentation and signed by the Passenger. After this term, no claim will be considered. In no event shall the Company bear any costs and/or charges and/or taxes and/or levies arising from bank transfers or similar to be used for any type of return and/or refund and/or reimbursement and/or reimbursement.

J) PASSENGER ACCEPTANCEThese general conditions, together with the other documentation provided to the Passengers, constitute the Travel Contract. These conditions are provided by the Company to the Passenger at the time of booking the services. The Passenger declares to know and accept the present general contracting conditions and such acceptance is ratified by means of any of the following acts:
1) The payment of the contracted services before the beginning of the trip, by any form or modality.
2) Acceptance of the invoice for the contracted services.
3) By the use of any portion of the contracted services.

K) ARBITRATION CLAUSE: Any matter arising out of the execution, performance, breach, extension or termination of this contract may be submitted by the parties to the Arbitration Court of the Argentine Federation of Travel and Tourism Agencies or the Arbitration Court of the Association of Travel Agencies of Tierra del Fuego, at the option of the claimant. In the event of submission to such jurisdiction, the contracting parties agree to be bound by and accept the conditions set forth in the Rules of the Arbitral Tribunal.

L) RULES OF APPLICATIONThe present contract and, if applicable, the rendering of services, shall be governed exclusively by these general conditions, by Law Nr. 18.829 and its regulations.