Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before purchasing a tour with Boreal Penguin Adventures SPA (Borealis Adventures Patagonia), henceforth referred to as “Borealis Adventures”. Your right to use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, or passengers, whom book or travel on our services. By accessing or using the service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the service.

Where a copy of these or any other conditions have been given to the purchaser at any time, or advised verbally of all significant terms, making a booking will be deemed to signify acceptance of them.

Supplier: BOREAL PENGUIN ADVENTURES SPA (Borealis Adventures Patagonia), a company incorporated and registered in Chile with RUT 76.924.245-7 whose registered office is at El Arrayan 0831, Villa los Acacios, Punta Arenas, Chile.

Application

These conditions apply whether a contract has been made verbally or in writing.

Payment

Payment in full must be made before embarking on a tour, unless otherwise agreed by Borealis Adventures. Borealis Adventures reserves the right to refuse any pre-paid passenger who does not supply the relevant documentation/voucher to confirm their payment. All tour reservations are subject to availability.

Group Bookings

The purchaser acts on behalf of all passengers travelling on the tour. If they do not intend to travel a representative must be chosen, and the tour company informed prior to embarking on a tour. If the purchaser is a company, group or partnership, an individual must be named as a responsible person. In the event of a cancellation, cancellation charges will automatically be sanctioned as per our cancellation policy.

Departure

Departure times, locations and tour operating days/dates are subject to change. Customers will be informed via email or phone provided while making a booking. It is the responsibility of the passenger to check their method of contact within the 24 hours prior to their tour to confirm tour details.

Passengers must arrive to start point on-time and understand that in group tours, delays to pickup might occur due to traffic or other conditions. Borealis Adventures will not be held responsible for the late arrival of passengers or passengers not being at the correct pick-up point. No refund will be made for passengers arriving after the scheduled departure time nor shall Borealis Adventures be held responsible for the late arrival of transportation due to circumstances beyond our control (i.e. traffic & weather conditions).

Breakdowns and Delays

Borealis Adventures gives its advice on journey time in good faith. However, as a result of breakdown or traffic congestion, or other events beyond the reasonable control of Borealis Adventures, journeys may take longer than predicted and in those circumstances, Borealis Adventures will not be liable for any loss or inconvenience suffered by the hirer as a result.

Force Majeur

Borealis Adventures reserves the right to implement alternate locations or make other significant changes to the itinerary, including cancellation, due to force majeur, weather conditions, operational considerations, or imposed security limitations. In these cases there will be no entitlement to compensation. Specifically in the case of bad weather (such as flooding) where access to a site is not possible, Operator will decide on an alternative program according to what is safe and possible.

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

Itinerary

Borealis Adventures reserves the right to alter the travel route or tour itinerary due to safety of passengers, weather restrictions & roadworks, and maintenance beyond the control of Borealis Adventures. The route and itinerary used will be at the discretion of Borealis Adventures.

Passenger’s Property

Borealis Adventures will not be held responsible for any lost or stolen luggage/personal belongings.

Conduct of Passengers

The driver and guide are responsible for the safety of the passengers at all times, and as such may remove any passenger whose behaviour prejudices the safety of the other passengers or staff.

Refunds, Cancellations of Amendments

Customers are entitled to a full refund in the event that Borealis Adventures cancels a tour. All other refunds are at the discretion of Borealis Adventures. Customers are not entitled to a refund or partial refund to avail of a special offer.

Should the circumstance arise where due to insufficient bookings we are forced to cancel any excursion, all monies paid by passengers for that particular excursion will be refunded in full and following that Borealis Adventures shall be exempt from any further liability.

In the event of an emergency, riot, civil commotion, strike, lockout stoppage or restraint of labour or on the happening of any event over which Borealis Adventures has no control (including adverse weather and road conditions) or where four or less passengers are travelling Borealis Adventures may, by returning all money paid and without further or other liability, cancel the contract.

Cancellation Policy

For all Public Tours

Full refund if cancelled within 24 hrs prior to departure. 100% cancellation fee if less than 24 hours or in the case of ‘no show’.

For all Private Tours

Full refund if cancelled at least 30 days prior to departure. A Cancellation fee of 5% is charged if cancelled 30 days or less before the event. Cancellation fee of 50% is charged if cancelled 7 days or less before the event. A 100% cancellation fee will be charged if cancelled 3 days or less before the event or in the case of a ‘no show’.

Complaints

In the event of a complaint about Borealis Adventures’s services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or guide employed from Borealis Adventures. If this has not provided a remedy, complaints should be submitted in writing within 14 days after the tour.

Competitions & Offers

We reserve the right to cancel or alter any competition or offer at any given time. Submitted email addresses may receive promotional material from Borealis Adventures. All decisions in relation to competitions are final. All Prizes must be claimed within 30 days of competition winner being announced. You are only entitled to one offer at the time.

Photography

During the tour, drivers or other members of our team might take pictures for marketing purposes. If passengers do not agree with this, please inform a representative of Borealis Adventures at the time.

Limitation of Liability

By agreeing to these terms and conditions you hereby acknowledge that all travel involves an element of risk and that some tours offered by Borealis Adventures may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Boreal Penguin Adventures SPA (Borealis Adventures Patagonia) and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Boreal Penguin Adventures SPA (Borealis Adventures Patagonia), whether such negligence is passive or active.

Nothing in this agreement shall limit or exclude the liability of either party for:

-liability under the indemnities; or

-any matter in respect of which it would be unlawful to exclude or restrict liability.

Governing law. This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the Republic of Chile.

Jurisdiction. Each party irrevocably agrees that the courts within the Republic of Chile shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Validity This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.

Borealis Adventures Patagonia

Punta Arenas, Chile

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© 2019 Boreal Penguin Adventures SPA