General Terms and Conditions

1. Company Identification and Official Channels

Client security begins with certainty about who they are contracting with. X - TRAVEL PERU is identified as a formal and legally incorporated entity.

Corporate Name: THE COMPANY SERVICES & TOURISM X

RUC: 20601549256

Fiscal Address and Customer Service Office: Urb. Dolorespata, Jr. Paititi F 3ª 270, Santiago – Cusco, Peru

All official and legally binding communications must be conducted exclusively through the following channels:

Official Website: www.xtravelperu.com

Emails:

info@xtravelperu.com (General inquiries)

reservas@xtravelperu.com (Bookings and payments)

operaciones@xtravelperu.com (Confirmed tour coordination)

Official Phones: +51 950 738 710 / +51 964 328 857

Note: Any communication, negotiation, or payment made outside these channels is invalid and does not create any liability for the Agency. This clause protects the Client from identity spoofing and fraud.

2. Currency, Exchange Rate, and Price Stability

All rates are set in United States dollars (USD) to maintain stability against local currency fluctuations and to simplify international transactions. When paying in another currency, the Client is responsible for the exchange rate applied by their bank or payment processor. Pursuant to Article 1233 of the Peruvian Civil Code, the Agency is not responsible for differences arising from currency conversion.

3. Booking Process, Confirmation, and Final Payment

The booking is confirmed with a 50% deposit, which serves as a guarantee of the contract. This payment allows the Agency to incur initial non-refundable expenses with its providers. The remaining balance must be paid no later than 48 hours before the start of the service. Rationale: This timeframe is crucial for final logistics. Failure to comply is considered a unilateral withdrawal by the Client, allowing the Agency to apply Article 1429 of the Civil Code for contract termination and to retain amounts corresponding to costs already incurred and penalties.

4. Authorized Payment Channels and Fees

The Client may make payments through the following authorized channels: Online Payment Platform: Via our official website www.xtravelperu.com, which uses secure payment gateways for credit/debit cards and other digital wallets (PayPal). Fees: The detailed fees (e.g., PayPal 7%, Izipay 5%) do not constitute profit for the Agency; they are the costs imposed by financial platforms for transaction security, data protection, and international processing. The Agency transparently passes these costs to the Client. In-Person Payment at Office: The Client may pay in cash (USD or Peruvian Soles) or by card directly at our fiscal address indicated in Clause 1. Bank Transfers: We will provide our bank account details for national or international transfers. The Client is responsible for all costs and fees applied by their bank and any intermediary banks. For each payment received, the corresponding electronic receipt (boleta or factura) will be issued and delivered to the Client in accordance with SUNAT regulations, ensuring the fiscal formality of the operation.

5. Cancellation Policy and Administrative Costs

Cancellation more than 48 hours in advance: The Client may cancel without penalty on the outstanding balance. However, from the deposit already paid, all non-recoverable costs that the Agency has already incurred (e.g., ticket purchases, supplier penalties, administrative expenses) will be deducted and duly substantiated. Cancellation less than 48 hours in advance or No Show: Results in the loss of 100% of the service value. The reasoning is that, by that date, all operational and logistical costs have already been executed and paid by the Agency, and the reserved spot cannot be resold.

6. Rescheduling and Third-Party Policies

Flexibility to reschedule services operated directly by the Agency (e.g., city tours) contrasts with the rigidity of third-party services. Rescheduling trains, hotels, or flights is subject to the policies of those operators, over which the Agency has no control and must comply. Tickets to archaeological sites of the Ministry of Culture are, by state mandate, absolutely non-transferable and non-reschedulable.

7. Services and Tickets Explicitly Non-Refundable

It is emphasized that the non-refund policy for tickets to Machu Picchu, Wayna Picchu, the Inca Trail, etc., is not a decision by the Agency, but a mandatory regulation of the Peruvian Government to protect heritage and control capacity. The Agency acts only as an intermediary in their acquisition and is legally obliged to comply with this rule.

8. Essential Obligations of the Client

Trip success also depends on the Client, who must: Provide truthful information: Errors in names or documents may irreversibly invalidate tickets. Carry valid documentation: Passports, IDs, and visas are the Client’s exclusive responsibility. Denied boarding or entry for this reason is not attributable to the Agency. Comply with safety rules: Following the guide’s instructions is an indispensable condition for individual and group safety.

9. Agency Quality Commitments

The Agency undertakes to provide services under the principle of suitability (Law No. 29571), which means the service must correspond to what is offered in advertising and the contract. It commits to truthful information and formality in all its operations.

10. Travel Insurance and Risk Acknowledgment

We strongly recommend purchasing travel insurance with cancellation, medical, and evacuation coverage. For adventure tours such as the Inca Trail, Salkantay Trek, or similar, presenting a valid insurance policy is a mandatory condition for participation. The Client acknowledges and accepts the inherent risks of adventure tourism activities (altitude sickness, adverse weather conditions, physical exertion).

11. Force Majeure and Procedure

Pursuant to Article 1315 of the Civil Code, the Agency is exempt from liability for extraordinary and irresistible events (natural disasters, social conflicts, etc.). In such cases, the procedure will be: Prioritize the Client’s safety and integrity. Offer viable alternatives, such as rescheduling the service or modifying the itinerary. Monetary refunds will not apply, but a credit note for future services may be considered, deducting non-recoverable operational expenses.

12. Intellectual Property

Unauthorized use of the Agency’s website content and materials will be subject to legal action under Andean Community Decision 351 and Legislative Decree 822, the Copyright Law.

13. Personal Data Processing

The Agency guarantees the confidentiality of the Client’s data (Law No. 29733). Its use is strictly limited to purposes necessary for contract execution (bookings, ticket purchases, logistics).

14. Complaints Book

The physical and virtual Complaints Book is available to the Client as the formal channel for registering a complaint in accordance with INDECOPI regulations.

15. Transparency and Consumer Protection

The Agency undertakes not to make hidden charges and to clearly detail what is and is not included in each tour package, in strict compliance with Law No. 29571.

16. Limitation of Liability for Third Parties

The Agency is not responsible for third-party non-compliance (e.g., airline cancellations, hotel overbooking, accidents in transport not operated directly by the Agency). Its role is as an intermediary, and its responsibility is limited to due diligence in selecting its providers. The maximum compensation for any fault directly attributable to the Agency will not exceed the total amount paid for the disputed service.

17. Fraud Prevention and Financial Legality

The Agency uses verification systems for electronic transactions and reserves the right to cancel any booking that shows signs of fraud, informing the relevant authorities and complying with anti-money laundering regulations.

18. Validity of Communications

Only written communications through the official channels (Clause 1) will have contractual validity. Verbal agreements or messages via unofficial channels are not binding.

19. Contract Modifications

The Agency may update these terms, which will apply to all bookings made after their publication on the official website.

20. Governing Law and Jurisdiction

Any dispute will be resolved under the laws of the Republic of Peru and submitted to the exclusive jurisdiction of the courts of the Judicial District of Cusco.

21. Client’s Physical Condition and Health

The Client declares, under oath, to be in a physical and health condition compatible with the contracted activities. It is their obligation to inform in writing at the time of booking of any pre-existing medical condition, allergies, or medication. Failure to provide this information exempts the Agency from all liability. The Agency reserves the right to exclude a Client from an activity if it considers that their condition poses a risk to themselves or to the group, with no right to a refund.

22. Itinerary Alterations by the Agency

For operational or safety reasons, or to ensure a better experience, the Agency reserves the right to alter the order of excursions, schedules, or to replace services with others of equivalent or superior quality. These changes will not be considered a breach of contract and will not entitle the Client to a refund.

23. Luggage Responsibility

Luggage and all personal effects are the exclusive responsibility of the Client. On segments operated with the Agency’s own transport, liability for proven negligence damage or loss will be limited to a maximum of USD 50 per person. Carrying valuables is not recommended.

24. Code of Conduct and Right of Expulsion

The Client agrees to behave respectfully towards others, staff, the local population, and the environment. Illegal acts, behaviors that endanger safety, or clearly disruptive conduct will entitle the Agency to expel the offender from the tour without any right to a refund.

25. Policy Regarding Minors

All minors under 18 must be accompanied by a parent or legal guardian. Certain high-risk activities may have age restrictions that will be informed at the time of booking.

26. Special Requirements (Dietary, Medical)

The Agency will make reasonable efforts to accommodate special dietary requirements informed in writing in due time. However, it cannot guarantee total absence of allergens and assumes no responsibility for allergic reactions.

27. Image Rights Assignment for Promotional Purposes

Unless the Client expressly states otherwise in writing before the start of the trip, they authorize X - TRAVEL PERU to use photographs and audiovisual material taken during the tours for the Agency’s promotional use only.

28. On-site Dispute Resolution

Any complaint or problem must be immediately communicated to the guide or Agency representative on site to offer a timely solution. Claims regarding facts that were not reported at the time will not be considered.

29. Severability

If any clause of this Agreement is declared null and void, the remaining clauses will retain their full validity.