TERMS AND CONDITIONS OF CONTRACT FOR THE PROVISION OF SERVICES OF ANDEAN EXPLORER
I. Terms of the contract
1. PERURAIL: services provider of ANDEAN EXPLORER.
2. SERVICES OF ANDEAN EXPLORER: include rail transport with overnight, food, spa and tours, according to the itinerary acquired as detailed in Annex 5.
3. CLIENT(S): Direct passenger(s) or Travel Agency (ies).
4. TICKET: Proof of payment for the transport service contracted.
5. DIRECT PASSENGER: Passenger whose ticket does not include the Tax ID Number (RUC) of a third party.
6. POINTS OF SALE: Places where on-site tickets are sold.
II. General Conditions
1. In accordance with the provisions set forth in Section 129 of National Railway Regulations, approved by Executive Order No. 032-2005-MTC (hereinafter, the National Railway Regulations), the CLIENT by acquiring the TICKET unconditionally and unreservedly accepts, all the terms and conditions established in this contract.
2. The TICKET is personal and issue in the name of the bearer.
3. The transfer of the TICKET shall be performed no later than twenty-four hours (24) prior to the departure time of the train, submitting a copy of TICKET holder’s identity document, a copy of the new Passenger’s identity document and the original TICKET to be modified.
4. The CLIENTS may transfer the TICKET without personally appearing by contacting the PERURAIL Call Center, Telephone 084-581414, or by email at email@example.com (agencies) and firstname.lastname@example.org , email@example.com (direct passengers).
5. The CLIENTS classified as direct passengers may transfer ownership of the TICKET in person at any Point of Sale, as detailed in Annex 1 to this contract. The CLIENTS classified as travel agencies may only transfer the ownership of the TICKET at the Wanchaq Station (Cusco).
6. The transfer of the ownership of the TICKET shall only be allowed subject to compliance with the same conditions verified for the issuing of the original TICKET (rate and Passenger type), in case these requirements are not met, the CLIENT shall be obligated to buy a new TICKET. If the TICKET was purchased through a travel agency, the transfer of the ownership shall be performed through the agency.
7. If the CLIENT requires to update his identification details provided for the purchase of the TICKET, he may do at no cost, no later than twenty-four (24) hours prior to departure, submitting a copy of the identity document on which the update is requested and the TICKET that needs to be changed. The update shall only be performed at the Point of sale of the Wanchaq Station and through the PERURAIL Call Center.
8. PERURAIL shall make its best effort to transport the CLIENT and his belongings safely, effectively, speedily, promptly and diligently, except in case of circumstances or factors that exceed PERURAIL normal activities and/or that may affect the scheduled itineraries.
9. This transport contract is subject to Peruvian Law, in particular, the provisions of the National Railway Regulations, as amended, and the laws related to thereto. The CLIENT must take into account, in particular, the obligations set out in the National Railway Regulations and included in the Annex 4 hereof. The other obligations corresponding to the services provided will also be applicable to the CLIENT.
10. The purchase of TICKETS through the PERURAIL website is subject to the provisions set forth in this contract, as applicable and, additionally, to the terms and conditions set forth in Annex 3 hereto.
11. A printed TICKET is required for the clients to be able to exercise in person their rights and obligations in relation to the use of ANDEAN EXPLORER SERVICES referred to herein.
12. ANDEAN EXPLORER SERVICES include the use of car-bedrooms (cabins), food, stops and tours (depending on the itinerary contracted), The CLIENT shall additionally observe the conditions established in Section XV of this document.
III. Boarding Conditions
1. All CLIENT boarding the train shall have and is obligated to exhibit his TICKET and a valid identity document (National Identity Card – DNI, Certificate of Registration issued by the National Registry of Identification and Vital Statistics – RENIEC, Passport, Alien Registration Card – CE, Birth Certificate, as applicable); which shall be consistent with the information contained in the TICKET. in the case of minors travelling unaccompanied by their parents, they shall be required to exhibit the permissions required by the law applicable to travelling with minors: notarized authorization of at least one parent; or authorization of the competent judge when both parents are missing. Additionally, in case of travelling with minors, the Policy on Infants and Children described in Annex 2 hereto shall be observed. PERURAIL reserves the right to check the TICKET before and during the trip.
2. In case the CLIENT does not exhibit his identity document, and thus fail to sufficiently accredit the ownership of the TICKET, he may be denied the right to board. The CLIENT shall have no right to reimbursement of any kind under such circumstances.
3. PERURAIL may refuse to provide transport service, with no liability, to those passengers that TICKETS contain incomplete or missing information or who fail to exhibit their identity document before or during the trip.
4. In case of lost national identity document, the CLIENT may identify himself with a copy of such document issued by the National Registry of Identification and Vital Statistics - RENIEC.
5. PERURAIL reserves the right to restrict or deny the use of its services to persons whose health conditions are inadequate to undertake the trip and/or to women in advanced stages of pregnancy (greater than or equal to seven months).
6. Passengers shall cover at their own risk and expense any and all expenses related to their health care. Nevertheless, PERURAIL shall make available during the trip, a nurse for medical emergencies attention.
7. PERURAIL, in any case, shall not be liable for the health or physical condition of the CLIENTS or for any accident or problem that may occur as a result of their health condition.
IV. Luggage Transport Conditions 1. The TICKET is only valid for the transport of the CLIENT and his carry-on luggage (one bag or backpack) with a weight not to exceed to 5kg/11lb and a maximum measurement of 62 linear inches/157 cm (height + length + width). 2. IT IS PROHIBITED BY LAW TO BLOCK THE EXITS WITH ANY TYPE OF LUGGAGE. As such, PERURAIL reserves the right to remove any type of object and/or luggage found blocking any of the train’s exit. 3. The passengers are responsible for carrying any valuable and/or fragile objects (cash, jewelry, documents, electronics, etc.) with them or in their cabin safe during all the trip, and shall not leave them in their luggage. PERURAIL assumes no liability for the loss or damage of any object of value. The cabin safe works with a key system and its instructions are in each cabin and contain an instruction manual. 4. PERURAIL has a luggage car which enables passengers to travel with more luggage than that allowed, in compliance with the measures established in point 1 of this section. In any case, the additional luggage shall not exceed 2 bags with a total weight of 23kg/50.6lb. 5. The CLIENT may carry with him a reasonable amount of medicines and articles for personal use. 6. Before including any article in their carry-on luggage, the CLIENT is requested to make sure such articles are permitted by PERURAIL, pursuant to the Safety Conditions section hereof. 7. Any complaint regarding luggage shall be filed immediately after the arrival of the train to the station with the supervisor onboard or with the person in charge of the car whose responsibilities include ensuring the services at the departure station, onboard and at arrival station. 8. In no case shall PERURAIL be responsible for additional luggage that has received special attention unless it has been requested by the CLIENT following the provisions established here in. 9. The limit of liability for reasons directly attributable to PERURAIL and duly substantiated, related to the luggage that complies with the conditions established in this section, shall under no circumstance exceed US $ 25.00.
V. CLIENT Relocation
1. The relocation condition is given when it is a cabin or car change assigned on the TICKET. The requests for relocation made by the CLIENT himself shall be accommodated by PERURAIL depending on the availability of its services. PERURAIL assumes no responsibility in case the request for relocation cannot be accommodated. In case the request for relocation implies a higher rate, the CLIENT must pay the difference; in case of a lower rate, there is no right to refund.
2. If deemed necessary, PERURAIL may change the cabins or cars numbers assigned taking into account their availability.
VI. Prohibition from Smoking Onboard the Train
1. According to applicable law, it is strictly prohibited to smoke in any area of the train, including its public and private spaces, as well as in the restrooms.
VII. Special Conditions in Case of Contingency
1. In case of loss or theft of the TICKET, PERURAIL may issue a new one, at no cost, at the Points of sale or via the website www.perurail.com. The CLIENT may reprint the ticket by visiting the following link: http://bit.ly/imprimir-ticket.
The Passenger shall carry out the respective process no later than sixty (60) minutes prior to the departure of the train. To the contrary, he shall lose his right to the service contracted.
2. In case the CLIENT misses the train due to justifiable delays, whether delayed flights (weather conditions), strikes or verified health conditions; PERURAIL shall evaluate each individual case and offer; at its sole criteria and to the extent of its possibilities, the option of changing the travel date, depending on the availability of the space. In no case shall PERURAIL grant any refunds whatsoever.
VIII. Limits on Liability
The departure of the trains and the continuity of the trips are subject to changes due to weather conditions, technical reasons, route conditions, acts of God and force majeure events.
1. PERURAIL assumes no obligation or liability whatsoever for any change, delay and/or stoppage, reasonably necessary or unavoidable, prior or subsequent to the start of the provision of the contracted service, that occurs as a result of an action, omission or any other unexpected or unforeseeable event, act or circumstance outside the control of PERURAIL, including cases of acts of God and force majeure events.
2. PERURAIL, when necessary, may change the time schedules, stops or departures and arrival stations of the travel route making every effort to notify the CLIENT in advance. In case the CLIENT does not agree with the changes, he may cancel the trip and request a refund for the cost of the TICKET.
3. PERURAIL is committed to making every reasonable effort to transport the CLIENT and his luggage on time. The time indicated in the TICKET or in any other publication may change due to force majeure events, safety reasons or other extraordinary circumstances beyond the control of the company. PERURAIL shall deploy every reasonable or possible effort to avoid delays in the transport of its passengers and luggage. If for any cause, duly substantiated and directly attributable to PERURAIL, there is a delay at the start of the trip greater than 3 hours, PERURAIL`s liability shall be limited solely to the refund of an amount not to exceed the cost of the TICKET to the CLIENTS who intend to cancel their trip.
4. PERURAIL assumes no liability for the damages or harm that may be suffered by CLIENTS or their luggage, or for delays in the delivery of luggage or those that occur in the issuing of the TICKET as a results of situations outside the control of PERURAIL or any of its suppliers.
5. In case of justified need or act of God or force majeure, PERURAIL may, without the need for prior notification, substitute the carrier for an alternative or supplementary means of transport, modify or eliminate the layover points indicated in the TICKET or the travel itineraries, without assuming any liability whatsoever.
6. If for any reason after the transport service has began, PERURAIL is unable to complete the service, PERURAIL shall take all actions within it means to provide the CLIENT with the alternative carrier to to complete the trip at no additional cost to the CLIENT, all at no liability to PERURAIL.
7. If, after the transport service has began, the train must returned to the point of origin, the liability of PERURAIL shall be limited to refunding the passenger for the cost of the TICKET.
8. In the event that the CLIENT decides, without the existence of any proven and justified grounds, to get off the carrier subject matter of this Contract before the final destination, the CLIENT shall do so at his own risk and expense. Likewise, if PERURAIL must provide another form of alternative and/or supplementary transport in order to complete the service, and the CLIENT decides, for any cause or reason, not to use the service and to continue the trip by his own means, the CLIENT shall personally and exclusively assume all costs, risk and responsibilities arising from the decision, at no obligation or responsibility whatsoever for PERURAIL.
9. In any of the cases established in Points 1, 2, 3, 4, 5, 6, 7 and 8 of this section, PERURAIL assumes no type of obligation or liability to the CLIENT or third parties for delays or the impossibility of meeting connections with other carriers, or for failure to comply with or adequately enjoy the obligations or rights, respectively, agreed to with hotels, restaurants or commitments in general made with any person, entity or company regardless of its line of business or corporate purpose.
10. Any procedure to make effective the refund referred to in this section shall be conducted according to section herein.
IX. Conditions for the Change of Date and Service of the TICKETS
1. Changes of dates and services shall be made no later than twenty-four (24) hours prior to the departure time of the train, subject to the availability of space, submitting a copy of the identity document of the TICKET’s holder and the original TICKET to be changed, and indicating the new date or service desired. Therefore, requests submitted by CLIENTS who purchased TICKETS in a term equal to or less than 24 hours prior to departure shall not be accepted.
2. The CLIENTS may change the date or service without personally appearing by contacting the PERURAIL Call Center, telephone 084-581414, or email firstname.lastname@example.org (agencies) and email@example.com (direct passengers).
3. Those CLIENTS classified as direct passengers may change the date or service in person at any of our Points of sale. Those CLIENTS classified as travel agencies may request changes to the date and service at the Points of Sale in the Wanchaq station. In case the change is for a different date and for the same service or a service valued at a lower rate, no refund shall be made for the difference in rates.
4. In case the change is for a different date and of the same service or a service valued at a higher rate, the difference in rates must be paid.
X. Conditions for Refunds on TICKETS
1. Only if PERURAIL cancels the train service, shall the holder of the TICKET have the right to demand a refund of the rate paid. The refund shall only be admitted upon the obligatory presentation of the TICKET and the corresponding identity document.
2. All passengers who fail to board the train upon its departure, whether at the station of origin or other stations prior to reaching the destination, SHALL LOSE ALL RIGHTS RELATED TO THE TICKET, including the right to a refund by PERURAIL.
3. The CLIENT may only cancel his trip at least thirty (30) days before the departure of the train to be entitled to a refund; consequently, request on TICKETS acquired within 30 days prior to the departure date of the train shall not be accepted. If the cancelation is requested with in advance 60 days or more, 85% of the amount paid for the TICKET shall be refunded; if the request is made from 59 to 45 days prior to the trip, 50% of the amount paid for the TICKET shall be refunded; if the request is made from 44 to 30 days prior to the trip, 25% of the amount paid for the TICKET shall be refunded and if the request is made from 29 days before the trip, the amount paid for the TICKET shall not be refunded. The amounts paid for the TICKETS that are not reimbursed shall have the concept of penalty.
4. Following the verification of the necessary conditions for the admission of a refund due to cancellation of the trip, as established in the preceding points, those CLIENTS classified as direct passengers may request the refund in person only if they made their purchase in cash. The refund process shall be carried out at the main station of Wanchaq with their original identity document and the TICKET.
5. On the other hand, those CLIENTS classified as direct passengers who bought their TICKET with a credit card or those passengers who paid in cash and can not request a refund in person shall send a request via email to firstname.lastname@example.org, providing the information on the TICKET to be cancelled. The refund request shall be admitted only after verifying the compliance with the conditions established by PERURAIL.
6. Refunds to CLIENTS classified as travel agencies shall be subject to the Reservation Regulation, a copy of which shall be sent via email as part of their accreditation.
XI. Safety Conditions
1. PERURAIL reserves the right, at its sole criteria, to refuse the transport of any persons who have acquired their TICKET illegally, or whose TICKET has been tampered with, damaged, or otherwise altered, or who have incurred in any way in the violation of the laws applicable to the rates of PERURAIL, or of the rules and regulations issued and published by PERURAIL, or who are founded to be under the effect of drugs or alcohol, or who are otherwise not in possession of their full faculties, or who, for any circumstance or state, represent a potential danger to their own safety and/or that of the passengers. PERURAIL also reserves the right to refuse transport to any person who sells or attempts to sell any good or service inside its transport vehicles without first obtaining written authorization from PERURAIL. PERURAIL may ask the Peruvian Police Force (PNP) or the competent authorities to detain the passenger.
2. PERURAIL reserves the right to physically inspect and search all luggage they may pose a safety threat to its passengers and employees.
3. The following persons or objects shall be refused to transport:
- CLIENTS founds under the effects of toxic substances, alcohol, drugs or other substances.
- CLIENTS that physical or health conditions are not suitable for the trip.
- Weapons, munitions, explosives, flammable substances, or any other object that poses a danger to the Passenger, crew and/or the cargo. CLIENTS transporting any of the objects mentioned hereinabove.
- Objects and /or animals that cause discomfort to passengers due to their size, volume, weight or other characteristics, or that hamper free movements in the wagons or constitute an obstacle to evacuation in case of emergency. Only boarding animals duly accredited and with official documentation shall be allowed.
- Protected plant and animal species, archaeological items or any other prohibited objects under Peruvian laws.
5. The objects forgotten onboard are looked after by the staff of the respective station and taken to the security offices at the Wanchaq station (Cusco). In these objects bear identification, the Passenger service staff will contact the Passenger for the identification and return of the respective object.
6. If the objects have no identification, they will be kept at the security office at the Wanchaq station (Cusco) for a maximum term of six (6) months, after which they will be disposed of trough the Human resources Office, at no liability whatsoever to PeruRail.
7. The passengers shall follow all the safety instructions in case of emergencies, whether due to internal, external or natural causes.
8. In accordance with section 135 of the National Railway Regulations, any person, whether inside or outside the train, whose actions directly or indirectly pose a risk or cause harm to the occupants of the train, the rolling material, and/or the railway assets, shall be handed over to police authorities.
XII. Terms and Conditions of Refunds of Articles bought Onboard
1. Refunds will only be issued after PERURAIL has verified that the articles bought onboard are defective.
2. Refunds for articles bought onboard shall be requested within no more than seven (7) days, commencing on the date of the purchase, following the provisions established in the next point 3.
3. To refunds articles, it shall be necessary to send an email to email@example.com attaching a copy of the following documents:
- If the purchase was made in cash: the payment voucher (receipt or invoice) and your identity document.
- If the purchase was made by credit card: the payment voucher (receipt or invoice), your identity document and a copy of the credit card voucher.
XIII. Personal Information Protection
1. The CLIENT shall provide PERURAIL with information that identifies him or that make him identifiable, and that is considered personal information in accordance with the applicable law. The CLIENT may choose not to provide the information requested, unless it is necessary for the performance of this Contract.
2. The CLIENT authorizes to store, keep a record of, and use his personal information for the purposes of this Contract. The CLIENT additionally agrees to receive commercial communications that may be of interest to him.
3. The CLIENT acknowledges that, in order to make use of his legal rights, such as access, rectification, cancellation and opposition to his information, he may send a letter at Av. Armendáriz 480, Floor 5, Of. 501, Miraflores, Lima – Peru o an email at firstname.lastname@example.org. He may likewise revoke his consent for the use of his personal information at any time. Such revocation shall not enter into force with regard to events already occurred, nor with regard to the uses necessary for the performance of an agreement currently in force or the legal consequences thereof, nor may oppose the uses permitted by law.
XIV. Restrictions on the sale of alcoholic beverages onboard
1. In compliance with Peruvian law, sale of alcoholic beverages to minors is prohibited.
2. In accordance with Peruvian law, sale of alcoholic beverages of any kind since 8:00hrs of the day before the polling date until 8:00hrs of the day after elections is also prohibited.
3. In the cases referred to above and in any other cases determined by law, PERURAIL shall replace alcoholic beverages with non-alcoholic beverages.
XV. Additional conditions regarding food, spa and tours services; as well as use of the cabins 1. In the event, the CLIENT suffers from any allergy to food or medicines, he must inform PERURAIL prior to the trip and in writing, sending the health statement that will be remitted to him with information and travel suggestions when PERURAIL reservations area contact him after his purchase. 2. Although ANDEAN EXPLORER SERVICES comprise the provision of alcoholic beverages, PERURAIL may restrict the consumption of beverages in case it could be harmed the tranquility, health or safety of the passengers or integrity of its facilities. 3. In the different tours and all the trip, PERURAIL will provide a professional tour guide for every 14 passengers. 4. It is not allowed the access of persons that are not passengers or crew members of PERURAIL to the train. 5. It is not allowed to wash clothes in the cabins or in any area of the train. 6. The cabins will be closed when the passengers are not in them. 7. For electrical appliances, the train has 220v outlets and the bathrooms additionally 110v outlets. Adapters may be ordered from the crew. 8. The cancellation or modification of the spa services shall be done at least two (2) hours in advance; otherwise a penalty of 50% of the service rate will be charged if it is not canceled. In case the client is delayed, only the remaining time of the service is considered and the total amount of the service will be charged. 9. During the tours, the passengers shall follow the instructions of the tour guide and the place visited; they shall not leave the group.
POINTS OF SALE
1. Store - Centro Comercial Larcomar, at Malecón de la Reserva 610, Plaza Centro, District of Miraflores, Lima.
2. Store – Jorge Chavez International Airport, at Domestic Flights Wings, 2nd. Floor, between Gates 13 and 14.
1. Store - Alejandro Velasco Astete International Airport, at Av. Velasco Astete s/n, District of Wanchaq, Cusco
2. Store - Plaza Regocijo, at Plazoleta Regocijo 202, Urb. Centro Histórico, Cusco
3. Store - Plaza de Armas, at Portal de Carnes 214, Plaza de Armas, Cusco
4. Ticket Office - Wanchaq Station (Cusco), at Av. Pachacútec s/n, District of Wanchaq, Cusco
5. Ticket Office – Urubamba Station, at Av. Ferrocarril s/n Urubamba, Cusco
POLICY ON INFANTS AND CHILDREN
There is no differentiated rate between children and adults. The infants and children shall travel accompanied by a responsible adult (over 18 years old) and in accordance with the following specifications:
1. Infants are considered to include all minors between the ages of 0 to 2. They shall not be charged for a TICKET if, during the trip, they occupy the seat of the responsible adult and comply with all the stipulations established herein.
2. Only one infant per seat shall be allowed to travel.
3. Children are considered to include all minors between the ages of 3 to 11.
4. A single responsible adult may travel with as many children as permitted by the reservations system. Likewise, in case of adults traveling with a single infant, they may also be accompanied by as many children as permitted by the reservations system. In case the adult is traveling with an infant and other children, the children must be accompanied by a second responsible adult. Consider that the system allows 2 adults and 1 infant or 1 adult and 1 child in the cabin.
5. Children shall not be allowed to travel without adult company.
6. Under no circumstances shall PERURAIL assume responsibility for the care of infants and children, this being the sole responsibility of the adult traveling with them.
7. We do not provide children accessories; such as high chair, cribs or other similar accessory, considering that the service experience is focused on an adult audience.
TICKET PURCHASE VIA PERURAIL WEBSITE
A. Terms and Conditions
In order to protect our CLIENTS from potential forms of electronic fraud, the purchase of TICKETS through the website www.perurail.com shall be additionally subject to the following terms and conditions:
1. The following payment methods are accepted for the purchase of TICKETS through the website www.perurail.com: PayPal, Visa, MasterCard, etc. When purchasing TICKETS via PERURAIL website, the verification process of the operator’s credit card will be performed, then CLIENT will receive an email with a purchase confirmation and the detail of his trip. The CLIENT accepts the terms and conditions set forth in this Annex, holding PERURAIL harmless in the event of the occurrence of any of situations referred to herein.
- The CLIENT may reserve his TICKET on www.perurail.com - it is convenient, easy and SECURE.
- PERURAIL uses the highest international security standards and certifications.
- PERURAIL uses SSL technology through a certified provider.
- All information entered in our system is strictly confidential.
- All information provided by the CLIENT during the sale process for TICKETS shall be treated confidentially.
PASSENGER OBLIGATIONS ESTABLISHED BY THE NATIONAL RAILWAY REGULATIONS
1. Arrive at the corresponding station well in advance as established in the TICKET, in order to board the train on time.
2. Board the train before the scheduled departure time.
3. Travel with your respective TICKETS.
4. Board or get off the train only when it has stopped.
5. Do not board the train under the effects of alcohol or drugs, with animals, flammable materials, explosives or weapons.
6. Follow the instructions given by the crew.
7. Do not smoke in the lounge car.
8. Do not board the train with luggage which contents violate the customs rules or special laws.
9. Look after the carry-on luggage in the lounge car.
10. Proper use of sanitary facilities.
11. Do not enter to driver’s cabin.
12. Do not block totally or partially the closing of doors or the transit in the corridors.
13. Do not lean or put your arms out or on the window.
14. Do not get off the car when the train stops during the trip, for any reason whatsoever, except as otherwise indicated by the crew.
15. Do not activate the emergency brake device of the cars.
16. Do not sell goods, except in the case of those persons duly authorized by PERURAIL.
17. Do not throw rubbish on or outside the cars or floor of the stations. All rubbish must be dumped in the bins.
18. Do not break, damage or destroy any object owned by PERURAIL.
19. Keep the train, its accesses or facilities clean and do not write or paint on them.
20. Do not disturb the public order, goods customs and practices.
21. Comply with any and all the obligations set out in the terms and conditions.