Climber Tours Terms & Conditions
These Terms and Conditions are subject to change without prior notification. By browsing and using this website, you are agreeing to comply with and be bound by it.
TABLE OF CONTENTS
- USER AGREEMENT.
- PRIVACY POLICY.
- GIFT CARD POLICY.
- CANCELLATION POLICY - ALL, FULL AND HALF DAY TRIPS, EXPEDITIONS AND/OR COURSES.
- PARTICIPATION AGREEMENT.
USER AGREEMENT
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Climber Tours relationship with you and this website. If you disagree with any part of these terms and conditions, please do not use our website.
Please read the following terms and conditions carefully before using the Climber Tours website (referred to as “Website”).
1. Acceptance of Terms
By accessing and using the Website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. Climber Tours reserves the right to modify or update these terms and conditions at any time without prior notice. Your continued use of the Website after any modifications or updates constitutes your acceptance of the revised terms and conditions.
2. Intellectual Property
All content and materials on the Website, including but not limited to the design, layout, look, appearance, text, images, graphics, logos, videos, and audio clips, are the property of Climber Tours, or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, transmit, display, perform, or otherwise use any of the content or materials on the Website without the prior written consent of Climber Tours.
3. Website Use
You agree to use the Website for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the Website. You are prohibited from engaging in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice in regards to pricing, trip dates, itinerary, inclusions, and so forth.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. Links to ThirdParty Websites
The Website may contain links to thirdparty websites that are not owned or controlled by Climber Tours. These links are provided solely for your convenience to provide further information. They do not signify that we endorse the website(s). Climber Tours is not responsible for the content, privacy policies, or practices of any thirdparty websites. You acknowledge and agree that Climber Tours shall not be liable for any damages or losses arising from your use of any thirdparty websites.
5. Limitation of Liability
In no event shall Climber Tours, its officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with your use of the Website or the information, products, or services provided on the Website. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Climber Tours has been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify and hold harmless Climber Tours, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Website, your violation of these terms and conditions, or your infringement of any intellectual property or other rights of any person or entity.
7. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Climber Tours is located. Any dispute arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction.
8. Severability
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9. Entire Agreement
These terms and conditions constitute the entire agreement between you and Climber Tours regarding your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Climber Tours.
10. Contact Information
If you have any questions or concerns about these terms and conditions, please contact us at info@climbertours.com.
By using the Climber Tours Website, you acknowledge that you have read, understood, and agreed to these terms and conditions.
PRIVACY POLICY
At Climber Tours (“we” or “us”), we value the privacy of our website visitors (“you” or “user”). This Privacy Policy outlines how we collect, use, disclose, and protect your personal information in accordance with the privacy laws. Please read this Privacy Policy carefully to understand our practices regarding your personal information.
Climber Tours is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
Climber Tours may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you accept any changes.
1. Information We Collect:
1.1. Personal Information: We may collect the following categories of personal information:
– Identifiers (e.g., name, job title, email address, postal address, phone number).
– Demographic information such as postcode, preferences and interests, age, birthdate, gender.
– Passport data, medical info, and other for use in preparation of your trip.
– Other information relevant to customer surveys, mailing lists for receiving marketing pieces, and/or participation in a Climber Tours trip.
– Commercial information (e.g., records of products or services purchased).
– Internet or other electronic network activity information (e.g., browsing history, IP address, device information).
– Geolocation data.
– Professional or employment-related information (e.g., job title, company name).
– Inferences drawn from any of the above information.
1.2. Non-Personal Information: We may also collect non-personal information, such as aggregated or anonymized data, which does not directly identify you.
2. Collection and Use of Personal Information:
2.1. We collect personal information when you voluntarily provide it to us, such as when you fill out a contact form, sign up for a newsletter, or make a purchase.
2.2. We use your personal information for the following purposes:
– To understand your needs, make logistical arrangements, and provide you with a better service.
– Internal record keeping.
– Providing and personalizing our products and services.
– Processing and fulfilling your orders or requests.
– Communicating with you about your orders, inquiries, or other requests.
– Sending promotional materials, newsletters, or other marketing communications.
– Analyzing and improving our website, products, and services.
– Complying with legal obligations and enforcing our rights.
– From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customize the website according to your interests.
– For both domestic and international trips we often are required to provide vital information, such as passport info, to confirm services for your trip, such as, but not limited to, hotel reservations, climbing or trekking permits, airline reservations, and so forth.
– To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
3. Disclosure of Personal Information:
3.1. We may disclose your personal information to third parties for the following purposes:
– Service providers who assist us in operating our website, conducting our business, or providing services to you.
– Business partners or affiliates involved in delivering our products or services.
– Third-party analytics providers to help us analyze website usage and improve our services.
– Legal and regulatory authorities, if required by law or to protect our rights, safety, or property.
3.2. We will not sell, distribute or lease your personal information unless we have your permission or are required by law to do so.
4. Your Rights and Choices:
4.1. Right to Know: You have the right to request information about the categories of personal information we have collected, the sources of such information, and how we use and disclose it.
4.2. Right to Delete: You may request the deletion of your personal information, subject to certain exceptions allowed by law.
4.3. Right to Opt-Out: You have the right to opt-out of the sale of your personal information, if applicable.
4.4. To exercise your rights or for any privacy-related inquiries, please contact us using the information provided in Section 8.
5. Data Security:
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
5.1. We implement reasonable security measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction.
5.2. However, please note that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
6. Cookies and Tracking Technologies:
6.1. We use cookies and similar tracking technologies to enhance your experience on our website, analyze trends, and gather demographic information. You can manage your cookie preferences through your browser settings.
7. Third-Party Links:
7.1. Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of such websites. We encourage you to review the privacy policies of those third parties.
8. Contact Us:
If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:
Climber Tours
Email: info@climbertours.com
9. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
– Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Email info@climbertours.com.
– Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
– Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
– Send users information about special offers and discounts on our products and services
– Understand how our users use our products and services so we can improve user experience
– Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
– Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. Email info@climbertours.com.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
– If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
– For investigations and fraud detection and prevention
– For business transactions provided certain conditions are met
– If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
– For identifying injured, ill, or deceased persons and communicating with next of kin
– If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
– If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
– If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
– If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
– If the collection is solely for journalistic, artistic, or literary purposes
– If the information is publicly available and is specified by the regulations
10. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
GIFT CARD POLICY
Gift cards are transferable, and can be purchased for a friend or family member.
Gift cards are not redeemable for cash and cannot be returned for a cash refund.
If an order exceeds the amount of the gift card, the balance of the order must be paid with another payment tool of our acceptance.
We are not responsible for lost or stolen gift cards.
Our gift cards never expire.
Gift cards are only valid at Climber Tours.
Our standard cancellation policy applies to all products, expeditions, and courses purchased by gift card.
If you have additional questions about gift certificates, please email us at info@climbertours.com
CANCELLATION POLICY - ALL, FULL AND HALF DAY TRIPS, EXPEDITIONS AND/OR COURSES.
When you book a course or expedition with Climber Tours, you agree to our cancellation policy. Please realize if your travel does not go according to plan, and for any reason, we cannot provide credits or refunds outside of what is described below. Our policy was carefully crafted with respect for our clients, Climber Tours staff, and guides, and we strongly recommend that you purchase trip insurance to protect your activity and investment against unforeseeable circumstances. Most trip insurance companies have a time limit to purchase after booking your trip, so be sure to research accordingly.
If you choose not to purchase trip cancellation insurance, you recognize you are self-insuring the trip cost, and Climber Tours payment policies will be upheld.
1. WE RESERVE THE RIGHT TO CANCEL ANY TRIP AT ANY TIME. REASONS FOR CANCELLATION MIGHT INCLUDE (BUT ARE NOT LIMITED TO) POLITICAL INSTABILITY, WAR, RIOT, CIVIL STRIFE, INDUSTRIAL DISPUTE, TERRORIST ACTIVITY, CLOSURE OR CONGESTION OF AIRPORTS, NATURAL DISASTERS, COVID-19 OR ANY OTHER CONTAGIOUS DISEASE OUTBREAK THAT THREATENS HEALTH, OR INADEQUATE ENROLLMENT.
– If we cancel a trip before its start for low enrollment, we will fully refund or credit your payments.
– If we cancel your trip prior to its start due to political instability, natural disasters, COVID-19, or other reasons not including low enrollment, we will credit all, less the non-refundable registration fee (35% of the total amount), costs to a future trip. While every situation is different, Climber Tours strives to keep these “non-refundable registration fee” as low as possible. In general, our expenses increase the closer we get to the date of departure. By the departure date of your trip, most of our costs have already been incurred.
– If we cancel your trip after its start due to political instability, natural disasters, COVID-19 or any other contagious disease outbreak that threatens health, or other reasons, there are no refunds or credits. Trip Insurance is essential for these rare but possible situations.
– Changes to a trip itinerary made by our guides (including a change of mountain to be climbed, trekking route to be taken, or summit attempt aborted) for any reason do not constitute a cancellation, and no refunds or credits will be made in this case.
2. IF YOU DECIDE TO CANCEL YOUR TRIP:
Full refunds, less the non-refundable registration fee (35% of the total amount), will be provided for cancellations made up to 90-days before the expedition start date.
– 50% refunds, less the non-refundable registration fee, will be provided for cancellations made 60-89 days before the expedition start date.
– No refunds will be provided for cancellations made 59-days or less before the expedition start date.
– Climber Tours will attempt to accommodate changes and cancellations when necessary, waiving specific fees when feasible.
– All cancellation/refund requests must be made in writing and be received in our office within the deadlines stated above.
3. ON ANY TRIP, OUR GUIDES RESERVE THE RIGHT TO REMOVE ANY PERSON FOR ANY REASON.
These reasons generally stem from a person jeopardizing the safety of themselves or another team member. This includes a person who is not physically able to climb at the level necessary for the chosen route. There are no refunds or credits in all these cases, and the client will be responsible for any additional costs incurred in leaving the trip.
4. Climber Tours reserves the right to cancel trips due to environmental or other unforeseen circumstances, including, but not limited to, weather conditions or trail conditions, or permitting or access issues. We will make every effort to reschedule or offer advanced notice of route changes if and when possible. There will be no refunds for trips already in progress and trips will be charged according to the above cancellation policy. For longer trips, peak climbs, and courses, unforeseen conditions including weather can affect field conditions and subsequently client safety. We reserve the right to terminate, change, or modify all trips at any time without a refund. Changes to a trip itinerary made by our guides for any reason do not constitute a cancellation, and no refunds will be made in this case.
If your trip is canceled by Climber Tours before departure, amounts paid will be credited toward a future trip with Benegas Brothers Expeditions. Climber Tours is not responsible for any expenses incurred in preparing for the trip, including, but not limited to, travel expenses, equipment rentals or purchase, or lodging.
Clients are solely responsible for evacuation costs, if necessary, including additional trailhead shuttles, ambulance, and emergency services. We strongly recommend that you purchase accident and trip insurance to secure your trip.
PARTICIPATION AGREEMENT
It is our hope that joining one of our trips will cause your pulse to race and your imagination to soar.If you want to experience diverse cultures and share unforgettable memories with newfound friends, you must accept the risks involved in a truly exciting and adventurous activity.
The people who lead our tours have professional training in risk management and do their best to identify dangers and manage the inherent risk, either avoiding it or reducing its probability of occurrence, and in extreme cases, mitigating the consequences of incidents and accidents.
When something becomes predictable and secure, it is no longer exciting or an adventure. To be adventurous, an activity must have an uncertain outcome and take risks. Going into mountain regions is a risky activity, and adding adventure increases the risk. This carries an inherent and uncontrollable risk of injury or, in the worst case, death. If you’re considering joining a tour, it’s important to take it seriously and take responsibility for your own or your tutor’s participation.
Our trips are fascinating and exciting, far beyond what can be achieved by staying close to home, not simply because of the mountains we visit, but because of the amazing parts of the world we go to. It’s unfortunate that some of these are in poverty. While this is an important incentive to go, it also means that we always operate in regions with limited infrastructure. If you get hurt, infrastructure issues alone can cause a delayed evacuation and a poorer medical outcome than an accident that happened closer to home.
More Acclimatisation = More Success. Almost all of our travels involve activities on mountains that are higher than 10,000 feet or 3,000 meters above sea level. The ascent profile is our initial step in planning any itinerary and ensuring that you have enough time to acclimatize naturally. Our trips are usually longer than those of cheaper operators, but the extra time gives you a better chance of success.
In consideration of the services of Climber Tours, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “CT”), I hereby agree to release, indemnify, and discharge CT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in hiking, trekking, camping, rock climbing, mountaineering, acclimatization and/or other outdoor adventure based activities in any country entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to, among other things: slips and falls; falling objects; the hazards of walking on uneven terrain; exhaustion; exposure to temperature and weather extremes which could cause: cold shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; being struck by rock fall or other objects dislodged or thrown from above; the forces of nature, including lightning, weather changes and avalanche; the risks of falling off the rock, mountain or into a crevasse; limited visibility; water hazards; the use of climbing ropes and equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; accidental drowning; collision with fixed or movable objects; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema, loss or decrease in vision; travel in remote areas with poor or no access to emergency and/or medical services; consumption of food or drink; and improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. A mule, horse or donkey, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you injured by the mule, horse or donkey. Mule, horse or donkey may do such things as bite, kick, buck, lie down, or stumble. Countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to life in your country. Furthermore, CT employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction or fail.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CT from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CT’s equipment or facilities, including any such claims which allege negligent acts or omissions of CT.
4. Should CT or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against CT, I agree to do so solely in Perú, and I further agree that the substantive law of that country shall apply in that action without regard to the conflict of law rules of that country. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.