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TERMS AND CONDITIONS

Guatemala Living & Lifestyle - General Terms and Conditions

Please take the time to read and understand the conditions of booking set out below prior to booking a trip with us. We strongly recommend that you also read the Experience description relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. You may contact us via e-mail at info@duesouthtravels.com to have any questions or concerns resolved prior to booking or undertaking travel with us.

1. Fares and prices

All fares and prices quoted are subject to availability. Prices are subject to change until full payment is received and voucher(s) are issued. Prices that are quoted include all taxes and fees unless otherwise stated. Please carefully review what is included in the price of each tour. Tips or gratuities for guides and drivers are always welcomed and appreciated.

2. Your voucher and departure point

Please present your voucher 10 minutes before departure to the staff at departure point of your day tour. The location of the departure point can be found in the description of the tour and is stated on your booking confirmation, or will be individually arranged for custom tours. We can not be held responsible for late client arrivals.

3. Availability

The travel products and services sold through this site are subject to availability and can be withdrawn without notice. Tour is confirmed when full payment is received.

4. Important

We request that you carefully check the dates on your voucher or confirmation e-mail and to contact us immediately if these are not correct.

5. Cancellation policy

Please carefully review the individual cancellation policy for each service prior to purchase. Refunds will be in accordance with the stated cancellation policy, without regard to traveler cancellation reason. Rebooking for a new date/time without incurring a cancellation fee may be possible on an individual basis. Please contact Due South Travels if you intend to rebook your cancelled service as soon as you are in need of cancellation, please check the cancellation policy for your specific tour on the tour details of our website. You may contact us via e-mail at info@duesouthtravels.com.

6. Liability

By completing payment and booking a service with Due South Travels, you are releasing Due South Travels of all liability related to illness, accident, injury, loss or death associated with tour services. We recommend that you purchase a traveler insurance policy through the provider of your choice to cover medical care, travel delay or cancellation, and loss or theft of personal property prior to departure from your home country.

7. Our contract  

All bookings are made with Due South Travels. By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

8. Acceptance of booking and final payments   

If we accept your booking we will issue a confirmation invoice.  A contract will exist between us from the date we issue the confirmation invoice.  Please refer to your booking confirmation invoice for details regarding payments. If full payment is not paid on or before the due date we reserve the right to treat your booking as cancelled.

9. Prices & surcharges  

Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on local currency exchange rates; note that prices may vary depending on which currency the payment is made. Please note that a surcharge may be applied to all purchases made by credit card. You will be notified prior to booking and payment if a surcharge will be imposed.

10. Your details  

In order for us to confirm your travel arrangements you must provide all requested details upon full payment of the booking. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we may also require you to complete and forward a self-assessment medical form.  Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

11. Cancellation by the traveler  

If you cancel some or all portions of your booking, our cancellation policy will apply.  A cancellation will only be effective when we receive written confirmation of the cancellation.  Please e-mail info@duesouthtravels.com.

Note that different cancellation conditions apply to different experiences offered. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees.  If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

12. Cancellation by us

Our trips are guaranteed to depart once they have one fully paid traveler unless minimum group size specifically states otherwise.  We may cancel a trip at any time prior to departure or during the trip if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund.  In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.   

13. Booking amendments  

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 56 days prior to the proposed departure date.  A fee of $200 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 56 days prior to the proposed departure date the refund policy applicable to cancellations will apply.  Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip. No amendments are permitted to your booking within 10 days of departure.

14. Inclusions   

The land price of your trip includes:

•    all accommodation as listed in the Essential Trip Information

•    all transport listed in the Essential Trip Information

•    sightseeing and meals as listed in the Essential Trip Information

•    the services of a group leader as described in the Essential Trip Information

15. Exclusions

The land price of your trip does not include:

•    international or internal flights unless specified

•    airport transfers, taxes and excess baggage charges unless specified

•    meals other than those specified in the Essential Trip Information

•    Visa and passport fees

•    travel insurance

•    Optional activities and all personal expenses

16. Age & health requirements

Minimum Age: For the majority of our trips we do not have a minimum age requirement, however,  all travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.  The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.    

We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Please let us know if you require any special accommodations for physical disabilities or limitations PRIOR TO BOOKING.

17. Small groups & combination trips   

At times we can have groups with small numbers of travellers. Many of our trips are designed to fit with other departures to create a longer "combination" trip; this means that some of your group may have already been travelling together for some weeks when you commence your trip.  If you would like to know how many people are booked on your trip or any combination trip it is part of please ask prior to making your booking.

18. Passport and visas  

You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the embassy website for details.  We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

19. Travel insurance

Travel insurance is not mandatory but is HIGHLY RECOMMENDED and should be taken out at the time of booking.  Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You should safeguard your travel insurance policy number and the insurance company's 24 hour emergency contact number prior to the first day of your trip; we also recommend you provide this information to us at info@duesouthtravels.com, and ensure an immediate family member maintains a copy as well.  If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.

20. Flexibility

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

21. Change of itinerary

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.  

Before departure:  If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least thirty percent of the itinerary. When a major change is made you may choose between accepting the change, obtaining a full refund or accepting an alternative tour offered.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.   In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as visas, vaccinations or non-refundable flights.

22. Authority on tour

Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund.  We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.

23. Acceptance of risk

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges that are potentially greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

24. Limitation of liability

We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties.  We are not responsible for the acts and omissions of these third parties.

To the fullest extent permitted by law:

- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;

- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and

- any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

25. Optional activities

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.  

26. Claims & complaints

If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.

27. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

28. Photos and marketing

You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose.  You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

29. Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.  We will otherwise treat your details in accordance with our privacy policy (available for viewing on our Website).

30. Applicable law

The laws of Guatemala govern these Booking Conditions to the fullest extent allowable.  Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Guatemala.

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