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El Mundo Magico
Ltd
(Registered in England,
21 September 2000,
N. 4076005),
reserves the right to accept or kindly decline the application of a journey
participant at any time, to make changes in the itinerary whenever reputed
necessary for the comfort, convenience and safety to all participants, and to
cancel a trip at any time. In the event that a journey is cancelled by us, El
Mundo Magico and its affiliates shall have no responsibility beyond the refund
of money paid by the participant.
By registering the participant agrees that El
Mundo Magico Ltd shall not be liable for any delay,
change in schedule
including - but not limited to - delays, rescheduling and/or cancellations of
flights whether operated by international and/or domestic airlines (for which
relevant insurance cover must be arranged before the trip and relevant claim
forwarded to your insurance company),
loss, damage, or injury to property or persons including death, or expenses
occasioned by any act or omission by any supplier providing services to any
program participant.
When your trip within Peru excludes all travel
arrangements from/to Lima, you agree that El Mundo Magico Ltd cannot be held
responsible whatsoever for any delay, cancellation, or alteration of your flight
itinerary and consequent potential losses arising from airlines' change of
schedules.
In all cases,
whether or not your retreat is organized by us and/or our agents and
representatives in Peru, from your first arrival in Lima, you acknowledge that a ll
scheduled airline flights are occasionally subject to overbooking or
cancellation, and that we have no responsibility for any additional expense,
omission, delay, reconfirmation or re-routing that may occur in such a
circumstance.
Without limitation El Mundo Magico Ltd is not
liable for any direct, indirect, consequential, or incidental damage, injury,
loss, accident, delay or irregularity of any kind which may be occasioned by
reason of any act or omission beyond its control, including, without limitation
any wilful or negligent act or failure to act or breach of contract of any
third party such as a airline, train, local ground or water transportation, or
other which is or does supply any goods or services for the trip.
You agree that El Mundo Magico Ltd shall not be
liable for any loss, injury, or damage to person, property or otherwise in
connection with any accommodations, transportation or other services resulting
directly or indirectly from
causes of force majeure, including but not limited to dangers
incident to water, air or earth, fire, breakdown in machinery or equipment, acts
of governments or other authorities, dejure or de facto, strikes, riots,
criminal activity, thefts, pilferage, epidemics, quarantines, medical or customs
regulations.
Force
majeure is unusual and unforeseeable circumstances beyond our control, the
consequences of which neither we nor our suppliers or associates could avoid,
even with the exercise of all due care, further examples of which are war or
threat of war
(whether declared or not), hostilities,
civil disturbances, civil strife,
terrorist activity, industrial disputes, natural or nuclear disaster, adverse
weather conditions, landslides, avalanches, level of water in rivers or other
similar events beyond our control and defaults,
delays, or cancellations of - or changes in - itinerary, routing or schedules
from any cause beyond the control of El Mundo Magico Ltd.
The
participant and any
family member understand
that - even with the exercise of all due care - journeys to
very remote areas of
Peru present risks and hazards of different nature and
will hold harmless El Mundo Magico Ltd - and
its associates, representatives, employees and directors
-
for any physical, mental, emotional, or other
reaction, death, trauma, or ailment occurring during the trip or afterwards.
The participant
must be in a physical and mental
condition appropriate to the activity. He/she must acknowledge all the potential
physical and mental risks involved and agree to participate at his/her own risk.
The responsibility of taking accurate and timely health precautions - alongside
professional medical advice - remains entirely with the undersigned.
The participant is expected to show
respect at all times towards ceremonial practices and the environment
he/she is into
and must project a friendly attitude
towards fellow travellers and native and local people met during the expedition.
The participant
must be in
a physical and mental condition appropriate to the activity and must acknowledge all the
physical and mental risks involved and agree to participate at his/her own risk.
Moreover, the undersigned
participant understands that must have a
suitable medical and travel insurance arranged before the journey begins.
This insurance must
cover personal accident, medical expenses, loss of effects, repatriation costs
and all other expenses which might arise as a result of loss, damage, injury,
delay or inconvenience. We recommend that the policy should include a minimum cover of £ 2,000,000
GBP for medical and repatriation expenses.
All bookings are done under
the assumption that the participant is willing to sign such an agreement. Any second
thoughts and subsequent refusal to sign such an agreement will be treated as a
cancellation of the journey to Q'eros.
THE
UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE El
Mundo Magico Ltd, its representatives, associates, directors or employees
(hereinafter referred to as 'releasees') from all liability to the undersigned
for any loss or damage and any claim or demands therefore on account of injury
to the person or property or resulting in death of the undersigned, whether
caused by the negligence of the releasees or otherwise. HE/SHE FREELY ACCEPT AND
FULLY ASSUME ALL SUCH RISKS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY,
DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
THE
UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND
INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by
the law of England and Wales and that if any portion thereof is held invalid, it
is agreed that the balance shall, notwithstanding, continue in full legal force
and effect.
THE UNDERSIGNED HAS
READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT, further agrees that no oral representations, statements or inducement
apart from the foregoing written agreement have been made and
acknowledges that by signing this waiver he/she will waive certain legal rights,
including the right to sue.
The relationship between the journey participant and El Mundo Magico Ltd shall
be governed by the English law.
In the extremely unlikely event that a controversy may not be resolved amicably,
you agree to submit to the exclusive
jurisdiction of the
Courts of England and Wales.
Any controversy or claim
arising out of - or related to - these Terms and Conditions, or the breach
thereof shall be settled in Colchester, England (U.K.)
The undersigned agrees that any
photos, videos, or notes taken during the journey may be published, or else used
for advertisement, and hereby gives his/her consent, without consideration,
unless prior written agreements are arranged.
I,
…………………………………………………………..(print name)
have read the terms and conditions of participating to this expedition to the
Q'eros Indians facilitated by El Mundo
Magico.
I fully agree to abide by these
conditions as written.
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