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Terms
and Conditions, waiver of all claims, release from liability and assumption of
risks
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
undersigned - and any family member - understand
that although
we and/or our partners will always endeavour to
minimise the chances of anything unexpected,
the Amazon Rainforest of Peru
present risks and hazards of different nature, especially in remote locations, 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 undersigned
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 participant.
Participants are
expected to show respect at all times for the environment they are into, and to
act with kindness and courtesy towards other group members and the local and
native people met during the journey and during any of the external planned
activities that may be integral part of the trip. Should the participant
commit any illegal act or should his/her behaviour affect severely other group
member's enjoyment of the retreat he/she shall be dismissed from the party and
shall have no entitlement to complaint or refunds and shall bear all the extra
expenses of his/her return home.
The undersigned
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 (or equivalent in other currencies) for medical and repatriation
expenses. A copy of your policy should be sent to us, in order to ascertain it provides
adequate cover, before beginning your journey in the jungle.
The undersigned -
and any family member - will also indemnify El Mundo Magico Ltd, for
any loss or damage resulting from insufficient or improperly issued passports,
visas or other travel documents.
All bookings are done under the
assumption that you are willing to sign such an agreement. Any second thoughts
and subsequent refusal to sign such an agreement will be treated as a
cancellation of your trip/retreat.
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
relationship between the undersigned 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 English
Courts.
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
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 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
FULL name in block letters)
have read the terms and conditions of participating to this journey facilitated by El Mundo
Magico Ltd to:
....................................................................................................................
....................................................................................................................
(specify
destination-s)
and taking place on:
.....................................................................................
(specify
date-s)
I acknowledge all the above and I am
willing to accept this as part of agreeing to partake in this trip.
I fully agree to abide by these
conditions as written.
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