Terms Of Use

The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use of our website, including any content, functionality, and services offered on or through www.alltoursperu.com (the “Site”), which are operated by or otherwise made available by All Tours Peru LLC or its affiliates (“All Tours Peru” or “we” or “us” or “our“).

Please read the Terms carefully before using our Service. This is an agreement between you and All Tours Peru LLC. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to these Terms. Our Privacy Policy (the “Privacy Policy“), explains our collection, use, transmission, and disclosure of your personal information provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission, and disclosure of your personal information or data as described in the Privacy Policy (and as amended from time to time). You should review the Privacy Policy before using the Service.

By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law. Our services can be hired by any adult at any time, but regarding underage visitors, we require that they have to be accompanied by an adult in order to take the tour to ensure a safe visit.

If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.

1. Use of our Services

1.1 Description

All Tours Peru is a tour operator and also an intermediary between the End User and Activities of Affiliates approved by All Tours Peru (the “Affiliates“) published on the Site (the “Services“) through the Site.

1.2 Terms and Policies

All the Services that are provided on this Site are subject to the Terms and other policies that are understood to be incorporated and linked to them, so we suggest that you thoroughly read and review their details.

1.3 Service Details

The services and Activities of said Affiliates can be found on this Site including videos, photos, a description, terms of reservation cancellation, or an itinerary and additional detailed information for each Activity and more. The services and activities of said affiliates can be found on the website in each section of each tour. It is important to note that the previously specified terms such as any cancellation or change of date terms apply to both All Tours Peru and its affiliates. We encourage you to read them carefully and acknowledge them.

1.4 Affiliate Promotion

All Tours Peru promotes the activities of its affiliates as mediator seeking to promote them through our website. Although these activities are under the direct responsibility of the affiliates regarding security and development of the activity, All Tours Peru makes a preliminary study of each of its affiliates ensuring that they have the appropriate standards to provide the promoted services. If you notice any errors or false or derogatory information, please contact All Tours Peru so that this information is removed or corrected immediately.

2. Offers and Discounts

2.1 Promo Codes

Any offers or discounts can be availed only during the purchase process or online reservation by entering the applicable promo code.

2.2 Validity

The promo codes are only valid for a specific group of Activities, people or categories at a specific time. The time range and the group to which the discount adheres are mentioned in the Terms of Reservation on the page of the Activity.

2.3 Usage

In the event that the Explorer has several promo codes from different campaigns, it will not be possible to combine them with other codes or discount campaigns or accumulate them. Each code can only be used once and only for one campaign. All Tours Peru retains the right to reject such requests from the Explorer and only accepts the promo codes under the terms and conditions defined here. A promo code cannot be exchanged for cash payment or convert several discount codes into the purchase of any Activity.

3. Reservation, Changes, Cancellation and Refund Policies

3.1 Reservation

The reservation of an Activity listed on the Site must be done well in advance. In case there is no availability and the Explorer has already reserved the Activity, the amount will be refunded to the original source of payment. All Activities are subject to the availability of the Affiliates and of All Tours Peru, depending on who operates the Activity.

3.2 Pre-confirmation

Once an Activity has been reserved, the Explorer receives a pre-confirmation which contains a code sent by email to allow the Explorer to make use of the Activity.

3.3 Requirements

The information of the Activity on the Site will indicate the requirements of the Affiliates or of All Tours Peru to perform a particular Activity (for example, physical fitness, weight, height, etc.). All Tours Peru and the Affiliates may reject the realization of the Activity if the Explorer does not comply with the requirements detailed on the Site for each Activity. In case the Explorer does not comply with the requirements that have been communicated prior to the purchase of the Activity, the Explorer will not be entitled to any refund.

3.4 Inclusions

Unless indicated in the information of the Activity on the Site, the transportation service and/or accommodation and/or food and beverages are not included, and must be managed and paid for by the Explorer. The Explorer may not claim any compensation or reimbursement for these additional expenses incurred, neither from the Affiliates nor from All Tours Peru. The Activities will be carried out as they are presented on the Site, without any additional or related service, so the Explorer should not interpret the contrary.

3.5 No-show Policy

In case the Explorer does not appear on the date and time of the reserved Activity, and without prior cancellation (in accordance with the terms of cancellation of each Activity, Affiliates or All Tours Peru), the right to do the Activity expires without any rights to claims, reimbursement, interest, or any penalty in favor of the Explorer, to the detriment of the Affiliates or All Tours Peru. The details of postponing or canceling a reservation are included in the particular Activity page under the “Terms of Cancellation” section.

3.6 Cancellation Notification

All Tours Peru and the Affiliates must be informed in advance of any cancellation. Those requests for cancellation by the Explorer are clearly detailed on the website of the Activity in the part “Terms of Cancellation” and can be done only via email. The Explorer must bear in mind that All Tours Peru or the Affiliates may charge fees in the event of cancellation or changes of date of the Activity, which must be confirmed prior by All Tours Peru. These charges and the conditions in order to receive refunds are mentioned on the Activity page in the Terms of Cancellation for each respective Activity.

3.7 Refund Process

In case the cancellation requirements mentioned under Terms of Cancellation on the Activity page are met, All Tours Peru will coordinate the Explorer’s refund within the next 30 business days. The Explorer accepts that she/he assumes any costs such as banking fees or other charges that might arise during the refund process made by All Tours Peru. All Tours Peru cannot be held responsible for any charges or bank fees that might arise and All Tours Peru won’t pay or cover any fees related to the refund.

3.8 Minimum Participants

As several Activities have a minimum of participants, All Tours Peru reserves the right to cancel and to give a full refund to the Explorer in case other participant(s) cancel their Activity according to the Terms of Cancellation for that Activity and the necessary minimum of participants for the Activity to take place is not met. The last-minute (on the day before the Activity) cancellation by All Tours Peru applies if there is only 1 participant for the Activity left. The remaining participant, the Explorer, will be contacted in the afternoon the day before in case no one else has signed up to meet the minimum number of participants necessary. All Tours Peru will offer the option to refund the entire payment, to postpone the tour to another date on which the minimum number is already met, or to do an upgrade to a private solo tour where the remaining Explorer has to pay the difference from “group”- to “private solo”-tour.

3.9 Discount Code Refund

If the Explorer purchased an Activity with a discount code and cancels the Activity, only the price that the Explorer paid will be refunded, not the original price of the Activity. The Activities are not interchangeable; this means that they cannot be changed with another Activity that has the same value. In any case, the Explorer can contact All Tours Peru to request more information about each specific case.

3.10 Emergency Protocol

In the event of an emergency during the Activity, where the guide has to apply the internal emergency protocol, any Explorer participating has no right to request any refund or compensation from All Tours Peru or any other related party, even if the actual Activity didn’t take place. The emergency protocol is clearly explained in the office before each Activity to each Explorer, and the guide before each Activity will provide an additional briefing.

4. Prices and Payment

4.1 Price Validity

The prices of the Activities listed on the Site are valid and remain binding for All Tours Peru during the indicated period and according to the website publication. The prices may vary and are updated frequently. If the Explorer did not complete the purchase process (final payment of the reservation), All Tours Peru is not required to keep the previously published price.

4.2 Price Adjustment

In the event that there is a pricing error on the Site or in the online reservation system, All Tours Peru reserves the right to cancel the reservation and refund the full amount of the purchase to the Explorer. The price paid includes only the specified service in the Activity; no additional services are included, unless expressly indicated in the description of the Activity.

4.3 Taxes and Fees

The Explorer agrees to pay all fees or charges to the Explorer’s account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Explorer will be charged with any applicable VAT, sales, or other taxes associated with the reservation. All Tours Peru may require the Explorer to provide additional information relevant to the reservation.

4.4 Payment Methods

All Tours Peru offers several methods of payment, including online payment, bank transfer, and credit card payment, among others. The Explorer must ensure that the information provided is accurate and complete. The Explorer is responsible for all activities and transactions that occur under their account. If the payment method fails or the account is past due, we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block the Explorer from doing any future reservations.

5. Explorer Responsibility

5.1 Explorer Information

The Explorer declares and guarantees that all the personal and payment information provided by her/him is accurate, complete, and valid. The Explorer undertakes to communicate immediately to All Tours Peru any changes in her/his personal information and any payment details.

5.2 Physical Condition

The Explorer agrees that the realization of certain Activities requires good health and physical fitness. In case the Explorer does not meet the requirements, All Tours Peru and the Affiliates have the right to refuse the performance of the Activity. All Tours Peru and the Affiliates cannot be held responsible for any physical damage or injuries during the Activity, or afterwards.

5.3 Responsibility for Personal Belongings

The Explorer is responsible for all personal belongings and valuables taken to the Activity. All Tours Peru and the Affiliates are not responsible for any loss, damage, or theft of any personal belongings during the Activity.

5.4 Prohibited Activities

The Explorer agrees not to engage in any prohibited activities, including but not limited to:

• Providing false information
• Using the Service for any illegal purpose
• Distributing viruses or other harmful code
• Interfering with the Service’s operations
• Violating any laws or third-party rights

6. Proprietary Rights

6.1 Intellectual Property

All content, features, and functionality on the Site, including text, graphics, logos, icons, and images, are the exclusive property of All Tours Peru or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Use of Content

These Terms permit the Explorer to use the Site for personal, non-commercial use only. The Explorer must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

• The Explorer’s computer may temporarily store copies of such materials in RAM incidental to accessing and viewing those materials.
• The Explorer may store files that are automatically cached by the Explorer’s web browser for display enhancement purposes.

6.3 Trademarks

The All Tours Peru name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of All Tours Peru or its affiliates or licensors. The Explorer must not use such marks without the prior written permission of All Tours Peru. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

7. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by All Tours Peru. All Tours Peru has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The Explorer further acknowledges and agrees that All Tours Peru shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise the Explorer to read the terms and conditions and privacy policies of any third-party websites or services visited.

8. Disclaimer of Warranties

The Services and all content, products, and services included on or otherwise made available to the Explorer through the Site are provided by All Tours Peru on an “as is” and “as available” basis, unless otherwise specified in writing. All Tours Peru makes no representations or warranties of any kind, express or implied, as to the operation of the Services, the content, or other products or services included on or otherwise made available to the Explorer through the Services, unless otherwise specified in writing. The Explorer expressly agrees that the use of the Services is at her/his sole risk.

9. Limitation of Liability

To the full extent permissible by applicable law, All Tours Peru and its affiliates and suppliers are not responsible for any loss, damages, or injury of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising from the use of the Services or from any information, content, materials, products (including software) or other services included on or otherwise made available to the Explorer through the Services, including, but not limited to damages for lost profits, goodwill, use, data, or other intangible losses (even if All Tours Peru has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of the Explorer’s transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

10. Indemnification

The Explorer agrees to defend, indemnify, and hold harmless All Tours Peru, its affiliates, and their respective directors, officers, employees, contractors, agents, licensors, suppliers,

successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Explorer’s violation of these Terms or the use of the Services, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms or the use of any information obtained from the Site.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Peru, without regard to its conflict of law principles. The Explorer agrees that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the courts of Peru.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any controversy, claim, or dispute arising out of or relating to these Terms or the breach thereof, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy, claim, or dispute to mediation.

12.2 Mediation

If the dispute is not resolved by mediation within sixty (60) days of the initiation of such procedure, then the dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the applicable arbitration body in Peru. Judgment upon the award rendered by such arbitration may be entered in any court of competent jurisdiction.

13. Waiver and Severability

13.1 Waiver

No waiver by All Tours Peru of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of All Tours Peru to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Entire Agreement

These Terms constitute the sole and entire agreement between the Explorer and All Tours Peru with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

15. Contact Information

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

All Tours Peru
Almagro N° 169, Cusco 08001

Questions about these Terms? Email us at info@alltoursperu.com.

16. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

All Tours Peru
Almagro N° 169, Cusco 08001

Questions about these Terms? Email us at info@alltoursperu.com.

17. Force Majeure

All Tours Peru will not be responsible for any loss, delay, or failure before the Explorer and any other participant, while those are already traveling, or while All Tours Peru performs any Activity. The Explorer is not able to claim any refund by All Tours Peru. This includes every moment from the moment the Explorer completed the booking online until the end of the Explorer’s journey. This loss, delay, or failure may result directly or indirectly from any cause or circumstance beyond All Tours Peru’s reasonable control, including, but not limited to faults in equipment or lines of electronic or mechanical communication, telephone or other problems of interconnection, computer viruses, unauthorized access, theft, errors of the operator of public telecommunications services, severe weather, earthquakes, natural disasters or other natural causes that make the performance of the Activity impossible, diseases, global crisis, epidemics, pandemics, strikes or other labor problems, political problems, wars, or government restrictions. This also applies in case All Tours Peru needs to cancel the Explorer’s Activity in advance, as well as on the day of the Activity or while performing the Activity, due to any of the reasons mentioned above. The Explorer is unable to claim any refund by All Tours Peru or any other third party involved and contracted by All Tours Peru.

18. Governing Law; Venue; Arbitration

This Agreement shall be construed in accordance with, and governed by, the laws of Peru as applied to contracts that are executed and performed entirely in. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Peru. Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Peru. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

19. Severability

If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

20. Assignment

The Explorer acknowledges and agrees that All Tours Peru may assign its contractual position or any of its rights or obligations, or sell its assets to any third party without the need to inform the Explorer and obtain her/his prior and express consent.

21. Modification of Terms

We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

22. Contact Information

Questions about these Terms? Email us at info@alltoursperu.com.