Thank you for booking and/or traveling with Andean Photo Expeditions.
These Terms and Conditions apply to any travel products and/or services purchased from Andean Photo Expeditions, and govern the contractual relationship between you and Andean Photo Expeditions Expeditions with respect to any such travel products and/or services (here in after, the “Products”). All Andean Photo Expeditions Peru based Photo tours are operated by Andean Photo Expeditions.
Please read these Terms carefully as by booking any Product with Andean Photo Expeditions, or by travelling on an Andean Photo Expeditions tour or Product you acknowledge that you:
- i) have read and understand these Terms, and
- ii) Indicate your express acceptance of and agree to be bound by these
Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when Andean Photo Expeditions, or an authorized agent acting on Andean Photo Expeditions’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Andean Photo Expeditions of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Andean Photo Expeditions to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Andean Photo Expeditions that:
- i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so;
- ii) The information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary
consents and permissions to share such information with Andean Photo Expeditions for the purposes of completing the booking;
iii) They will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Andean Photo Expeditions.
2. MEDICAL CONDITIONS & MEDICAL FORM
Andean Photo Expeditions reserves the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products.
Andean Photo Expeditions reserves the right to deny any Client permission to travel or participate in a Product where Andean Photo Expeditions, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with Andean Photo Expeditions, or Andean Photo Expeditions staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision.
Andean Photo Expeditions will provide a written explanation for any such decision upon request from the Client.
In the event the Client has made a booking with Andean Photo Expeditions and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, Andean Photo Expeditions reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.
Clients are responsible for assessing their own suitability and capability to participate in the tour Product such Client has booked. All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Andean Photo Expeditions encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Andean Photo Expeditions. Andean Photo Expeditions does not provide medical advice.
Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Andean Photo Expeditions may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as sometimes offered by Andean Photo Expeditions, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Andean Photo Expeditions operates varies and Andean Photo Expeditions makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
3. SPECIAL REQUIREMENTS
Andean Photo Expeditions will endeavor to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Andean Photo Expeditions and Andean Photo Expeditions is not liable for any failure to accommodate or fulfill such requests.
Client Age Requirements: Clients aged 18 at date of first travel are deemed to be adults. On all Products, an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). Unless otherwise indicated in the tour description, or otherwise by Andean Photo Expeditions, the minimum age for Clients travelling on tours is 8 years.
Minors: All Minor Client bookings are subject to review and approval by Andean Photo Expeditions. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any Minor Client to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Andean Photo Expeditions will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. Each Adult on a booking with any Minor Client is joint and severally responsible for the behavior and wellbeing of all Minor Client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minor Client(s). Andean Photo Expeditions does not provide care services for Minor
Client(s) and Andean Photo Expeditions and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor Client(s).
CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$250,000 covering all applicable dates of any travel with Andean Photo Expeditions and this insurance must cover personal injury and emergency medical expenses. Prior to each Product tour, a Andean Photo Expeditions Tour Leader or other Andean Photo Expeditions representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance, the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Andean Photo Expeditions Product.
5. PRICES, SURCHARGES AND TAXES
Due to the nature of Adventure travel into remote locations, and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. Tours are priced and advertised inclusive of applicable taxes. After a Confirmation email has been sent by Andean Photo Expeditions to the Client, Andean Photo Expeditions reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). Andean Photo Expeditions shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may
be levied in accordance these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any Andean Photo Expeditions brochure or on the Andean Photo Expeditions website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment. The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Andean Photo Expeditions website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.
Tours and Independent Tours: At time of booking any Product a non- refundable deposit (varies based on tour) as applicable, per person per tour is due from the Client to Andean Photo Expeditions. If the booking is made 90 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to Andean Photo Expeditions or to the authorized Agent through whom the Client has booked, depending on the original form of booking.
8. CLIENT DETAILS REQUIRED FOR BOOKING
As a condition to valid confirmation of any booking with Andean Photo Expeditions (including all Products and Expedition Trips) the Client must provide all necessary information as requested by Andean Photo Expeditions along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by Andean Photo Expeditions as a result of the Client’s failure to timely provide the required information. In addition, if the Client fails to supply required information for certain Product inclusions such as air tickets and other inclusions, Client shall bear all responsibility and liability for any failure to obtain or provide such inclusion due to the Client’s failure. Andean Photo Expeditions also reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Andean Photo Expeditions, in its sole discretion, where Client has not provided full booking details as requested by Andean Photo Expeditions by the relevant time. The information required from each Client will vary depending on the purchased Product, and the requirements will be communicated to the Clients, or to Andean Photo Expeditions’ authorized agent, during the booking process. Andean Photo Expeditions will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.
Product tour prices do not include international airfares. In case domestic airfares are included, it will be clearly mentioned in said Product.
Andean Photo Expeditions will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by Andean Photo Expeditions or the applicable airline(s). Andean Photo Expeditions acts only as a sales agent for the applicable airline and the terms and conditions of the air ticket apply to the purchase and use of such ticket. Please consult the air carrier’s applicable terms and conditions and/or conditions of carriage for important information regarding cancellation terms, limitations of liability, and other disclaimers. Andean Photo Expeditions is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air tickets or flight status or delays.
10. FINAL PAYMENT & ACCEPTANCE OF BOOKING
Clients should refer to the confirmation email sent by Andean Photo Expeditions and/or its authorized agent for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due 90 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Andean Photo Expeditions may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the deposit paid on booking as a cancellation fee, at Andean Photo Expeditions’ sole discretion. If a Product is booked less than 90 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable email. Andean Photo Expeditions is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Andean Photo Expeditions.
11. CANCELLATION BY THE CLIENT
A Client may cancel their booking by notifying Andean Photo Expeditions or their booking Agent, where applicable. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Andean Photo Expeditions and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.
Client is responsible for any fees or charges incurred by the cancellation.
(a) Cancellation 120 days or more prior to the tour start date: Full refund of deposit made, minus $300.
(b) Cancellation 90 -119 days prior to the tour start date: Loss of 50% of the deposit.
(c) Cancellation 60 – 89 days prior to the tour start date: Loss of 50% of total package price.
(d) Cancellation 0 – 59 days prior to tour start date: Loss of 100% package total.
All appropriate refunds will be made directly to your credit card or bank account, minus any fees indicated.
12. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY ANDEAN PHOTO EXPEDITIONS
Andean Photo Expeditions guarantees all scheduled Product tour departures that have been booked by a Client and that meet the minimum required for departure, shall depart as scheduled (subject to reasonable itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. If a tour is cancelled by Andean Photo Expeditions before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
- (a) accepting from Andean Photo Expeditions a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or
- (b) accepting from Andean Photo Expeditions a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Andean Photo Expeditions the difference in price between the price of the tour originally purchased and that of the substitute tour; or
- (c) accept from Andean Photo Expeditions a full refund for the cancelled tour Product(s).
Andean Photo Expeditions is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Andean Photo Expeditions reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Andean Photo Expeditions will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Andean Photo Expeditions will provide the Client a refund of unused Products or Product portions.
13. TRAVEL DOCUMENTS
The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through and throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with Andean Photo Expeditions), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Andean Photo Expeditions which are a direct result of the Client’s failure to secure proper travel documentation. Andean Photo Expeditions does not represent or warrant the accuracy of any information or advice given by Andean Photo Expeditions regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and Client agrees that Andean Photo Expeditions is not responsible for any errors or omissions in such information.
14. FLEXIBILITY & UNUSED SERVICES
The Client acknowledges by booking a Product and/or agreeing to travel with Andean Photo Expeditions that the nature of these travels requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Andean Photo Expeditions. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Andean Photo Expeditions and that Andean Photo Expeditions is not liable to any Client for such changes or amendments. Andean Photo Expeditions shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Andean Photo Expeditions, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
Changes made by Andean Photo Expeditions: Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Andean Photo Expeditions, in its’ sole discretion. If Andean Photo Expeditions makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Andean Photo Expeditions will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:
- i) accept the Material Change and proceed with the amended Product;
- ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product
and the Product booked in its place);
- iii) book another Product of a lower value, if available, with a refund payable to
the Client of the difference in price; or
- iv) cancel and receive a full refund of all value paid in respect of the land-only
portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).
The affected Client must notify Andean Photo Expeditions or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary. Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of Andean Photo Expeditions. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Andean Photo Expeditions shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. Andean Photo Expeditions will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary. Changes made by the Client: Client is responsible for ensuring that information provided to Andean Photo Expeditions in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the travelling Client’s name on any Product booking are subject to Andean Photo Expeditions’ approval. Any changes to a file will depend on availability and will be on a request basis and subject to Andean Photo Expeditions’ approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 30 days of departure of the first Product to depart under the applicable booking.
16. CLIENT’S ACCEPTANCE OF RISK
The Client acknowledges that the nature of Product tours can be adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to adventure or high-altitude travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release Andean Photo Expeditions from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including Andean Photo Expeditions travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, trekking in high altitude, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under- developed infrastructure. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Andean Photo Expeditions is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Andean Photo Expeditions (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Andean Photo Expeditions may terminate that Client’s travel arrangements on any Product immediately without any liability on Andean Photo Expeditions’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals. Clients agree that they are responsible for any costs incurred by Andean Photo Expeditions, Andean Photo Expeditions’ suppliers or Andean Photo Expeditions’ partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Andean Photo Expeditions’ representative as soon as possible upon discovery by the Client. Client agrees to take all prudent measures in relation to their own safety while on any Andean Photo Expeditions tour Product, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Andean Photo Expeditions, nor its Third-Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply safety instructions or recommendations of Andean Photo Expeditions or its Third-Party Suppliers. Client agrees to bring any complaints regarding a Product to Andean Photo Expeditions as soon as possible in order to provide Andean Photo Expeditions with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated Andean Photo Expeditions representative at the earliest opportunity, or to Andean Photo Expeditions’ Customer Service department directly. Andean Photo Expeditions assumes no liability for complaints that are not properly brought to the attention of Andean Photo Expeditions with sufficient notice for Andean Photo Expeditions to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Andean Photo Expeditions via its Agents or directly within 30 days of the end of the tour Product in question.
17. ANDEAN PHOTO EXPEDITIONS IS NOT LIABLE FOR ITS THIRD-PARTY SUPPLIERS
Andean Photo Expeditions makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the best possible travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or sub- contractors for the provision of travel services that form part of the product Tour(s). Although Andean Photo Expeditions takes all reasonable care in selecting Third Party Suppliers, Andean Photo Expeditions is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Andean Photo Expeditions does not warrant that any Third-Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction. ANDEAN PHOTO EXPEDITIONS IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT,
UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN ANDEAN PHOTO EXPEDITIONS AND ITS EMPLOYEES. For clarity, neither Andean Photo Expeditions nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Andean Photo Expeditions is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined). Andean Photo Expeditions shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Andean Photo Expeditions cannot accept responsibility for and in no event, shall be liable for loss or damage of valuables or other articles left in or on facilities used by Andean Photo Expeditions such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Andean Photo Expeditions or of the third-party suppliers of any services which form part of the Contract then Andean Photo Expeditions limits its liability, where applicable by all applicable International Conventions. Notwithstanding anything to the contrary elsewhere in these Terms, Andean Photo Expeditions shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Andean Photo Expeditions may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then Andean Photo Expeditions liability will not exceed $500. Andean Photo Expeditions will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against Andean Photo Expeditions and its suppliers, contractors or other third parties.
19. IMAGES AND MARKETING
The Client agrees that while participating in any Andean Photo Expeditions Product, images, photos or videos may be taken by other Clients and/or Andean Photo Expeditions representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Andean Photo Expeditions, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub- licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
In the event that any term or condition contained herein is unenforceable or void for any reason then such term or condition will be deemed severed from these Terms or amended to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
- CONTRACT PARTIES & SUCCESSORS
These Terms shall endure to the benefit of and be binding upon Andean Photo Expeditions and the Client and their respective heirs, legal and personal representatives, heirs, executors, estate trustees, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
- APPLICABLE LAW
The Contract and these Terms are subject to the laws of Peru. All Clients submit to the exclusive jurisdiction of the courts located in Lima, Peru for the resolution of any dispute under these Terms or concerning a Product.