Website Terms and Conditions
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND BRISA TROPICALODGE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY BOOKING THROUGH THIS SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
THIS IS A CONTRACT BETWEEN YOU AND BRISA TROPICALODGE: These Terms and Conditions shall serve as a legally binding agreement between you (or “the Client”) and Brisa TropicaLodge , LLC (“Brisa TropicaLodge”, “we”, “our” or “us”)(collectively, “the Parties”). By agreeing to these Terms and Conditions you acknowledge that you understand and accept all of the provisions contained herein. All payments made by you, online, are being collected on behalf of Brisa TropicaLodge and/or one of its authorized agents. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and Brisa TropicaLodge Any rights not expressly granted herein are reserved.
METHODS OF PAYMENT:
Brisa TropicaLodge accepts payments with major credit cards; Visa, MasterCard, PayPal, or AMEX. If you are interested in making a wire transfer, we have corporate bank accounts in the US. Please contact our office for the bank account number and wire instructions. All taxes and fees are included in the published price. Please note, if you choose to sign up for additional services while in Peru, you will need to pay that cost directly to the Lodge.
DISCOUNTS AND PROMOTIONS:
Discounts and promotions are only valid at the time of booking and cannot be applied to already existing reservations. Discounts and promotions cannot be combined with any other offers.
HOLDING YOUR RESERVATION:
We will need a credit card or debit card number to confirm your reservation. The reservation is guaranteed with a pre-payment of 50% of total value of package. It is at this point that a binding contract between you and Brisa TropicaLodge comes into existence. The contract is between Brisa TropicaLodge and the person named on the booking form.
Under no circumstance will Brisa TropicaLodge honor a monetary refund for any reservation, except when the Client voluntarily cancels the reservation within 24 hours of purchase. Payment can be made with any other major credit/debit card. The remaining balance of 50% will be due 2 days before the arrival date in Iquitos, via credit card on file. Without payment, the reservation will not be confirmed. We will send you a confirmation email after you complete your reservation.
AUTHORIZATION AGREEMENT:
By completing payment, I authorize the above amount to be charged to my credit card in connection with this transaction, and I declare that I have fully read, understand, and agree with the policies and agreements set forth in these Terms and Conditions and in no case, will I allege ignorance. I acknowledge that a credit card dispute is strictly prohibited and is not an option for disputing the validity of any charge in connection with this Agreement. I further agree to indemnify and reimburse Brisa TropicaLodge promptly for the full authorization amount referenced above in the event I engage in any effort to dispute the credit card used for purchase.
CANCELLATION POLICY:
Since we incur costs in canceling your travel arrangements, nearly all of which are non-refundable, certain cancellation fees and penalties apply. Cancellation requests are only accepted via email. There are no penalties for changes to an existing reservation. Under no circumstance will Brisa TropicaLodge honor a monetary refund for any reservation, except when the Client voluntarily cancels the reservation within 24 hours of purchase. In the event that the Client must cancel the reservation after the 24-hour purchase window has expired, Brisa TropicaLodge will issue a coupon in the full amount paid, with no expiration date, that may be used to rebook a new reservation for a later date, pending availability. There is a strict no-show policy enforced by Brisa TropicaLodge. All no-shows will automatically forfeit all monies paid to Brisa TropicaLodge and the remaining balance, if applicable, will be charged to the credit card on file, and under no circumstances will a refund be granted. Cancellations will not be accepted if they are made 48 hours or less days before arrival. Brisa TropicaLodge is not responsible for any incidental expenses or consequential losses that are incurred as a result of the canceled bookings out of our control such as, but not limited to, non-refundable plane tickets, sickness, personal injury, family emergency, etc.
MODIFYING YOUR RESERVATION:
There are no penalties for changes to an existing reservation. Any changes to this reservation regarding dates or property selection must be requested in writing to contact@brisatropicalodge.com at least 3 days prior to the scheduled start date of tour. Please note that a change in the length or dates of your reservation may result in a rate change.
FORCE MAJEURE:
Except where otherwise expressly stated in these Terms and Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we, or our service partners, could not, even with all due care, foresee or avoid. These events can include, but are not limited to: war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or our service partners’ control. We consider a pandemic like COVID-19 a force majeure event.
COMPLIANTS & DISPUTES:
If you have a complaint about any of the tour elements or services, you agree to bring it to the attention of the tour leader or other representative of Brisa TropicaLodge at the time of the event so they can make their best effort to rectify the situation. It is only if/when Brisa TropicaLodge is made aware of any problem that there will be an opportunity to make any necessary changes to rectify the problem. Failure to complain on the spot will nullify Client’s ability to claim compensation from Brisa TropicaLodge. In the event of a dispute, the Parties agree to attempt to resolve any dispute, claim, or controversy by mediation, which shall be conducted by a mediator mutually agreed upon by the Parties. The Parties agree that their respective good faith participation in mediation (or collaborative-style dispute resolution) is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution process. In the event the Members are not able to design resolution amongst themselves by the mediation/collaborative process, the claim, dispute, or controversy shall be settled by arbitration in United States, California before a single arbitrator, as mutually agreed to by the Parties (or if a single arbitrator cannot be agreed upon, then each party shall suggest an arbitrator and apply to the Court for selection of a single arbitrator), and otherwise in accordance with the then-current rules of the American Arbitration Association, and the award rendered in such proceeding shall be binding upon the Parties.
In the event of a dispute with the credit card company in connection to the referenced credit card, the cardholder agrees to indemnify and reimburse Brisa TropicaLodge promptly for the full authorization amount referenced in the reservation. Under no circumstance will Brisa TropicaLodge honor a monetary refund for any reservation, except when the Client voluntarily cancels the reservation within 24 hours of purchase. In the event that the Client must cancel the reservation after the 24-hour purchase window has expired, Brisa TropicaLodge will issue a Coupon in the full amount paid, which must be used within two years from the original trip start date, that may be used to rebook a new reservation for a later date, pending availability. There is a strict no-show policy enforced by Brisa TropicaLodge. All no-shows will automatically forfeit all monies paid to Brisa TropicaLodge and the remaining balance, if applicable, will be charged to the credit card on file, and under no circumstances a refund be granted.
OUR PUBLISHED RATES & SURCHARGES:
Brisa TropicaLodge’s prices are based on current rates of exchange and surcharges at the time of publishing the rates on the website www.brisatropicalodge.com. Changes in tour rates and other service fees are rare and caused by extraordinary circumstances outside Brisa TropicaLodge’s control, including government actions, transportation costs, and currency, which may impact, for example, the cost of fuel or airport charges. In the rare event that a tour rate should increase, we will do our best to honor the rate that is published. However, if a surcharge results in an increase of more than 5% of the tour cost, Brisa TropicaLodge reserves the right to increase the tour cost to take into account such circumstances. If the surcharge results in more than 10% of the tour cost, the Client may cancel the booking within five (5) days of receiving notification of the surcharge by Brisa TropicaLodge and obtain a full refund.
INTERNATIONAL TRAVEL:
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Brisa TropicaLodge has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. We do not accept any responsibility if you cannot travel or if you incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result
of your failure to comply with any passport, visa, immigration requirements or health formalities.
Passport and Visa:
You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health:
Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. It is also your responsibility to ensure you are fit and able to complete the itinerary you choose prior to booking and Brisa TropicaLodge accepts no responsibility for illness, damage to possessions or health or inability to complete all or part of your booking due to such factors. You agree you have discussed this booking and all services you may participate in with your medical and mental health providers, prior to booking. Your participation in any and all activities related to this booking and during our trip are entirely voluntary and at your own risk.
DOCUMENTS:
The passengers must carry with themselves a passport or travel document depending on their nationality, according to Peruvian law.
BAGGAGE:
Baggage transportation is limited to 33 lb (15 Kg) per passenger (domestic flight in Peru). For international flights please consult with your travel agent. You are responsible for your own baggage. Small objects as video or photo cameras, binoculars, bags, umbrellas, etc., are the responsibility of their owners. It is recommended that all baggage you carry is well-sealed and closed and is labeled with personal identification.
TRAVEL INSURANCE:
Travel insurance is highly advisable for all Clients traveling on a tour organized by Brisa TropicaLodge Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate coverage for medical expenses arising through illness or accident prior to or during travel and loss of travel monies through cancellation or curtailment of the holiday for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients should satisfy themselves that any travel insurance arranged is what they require and should arrange supplementary insurance if need be.
LIMITS ON RESPONSIBILITIES & LIABILITY:
Brisa TropicaLodge does not own or operate any entity which provides services for its tours. Brisa TropicaLodge, its affiliates, owners, officers, agents, employees, contractors and subcontractors purchase transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to its control. Brisa TropicaLodge acts only in the capacity of an agent upon the legal conditions that, while exercising every possible precaution, it is not responsible for injury, sickness, damage, loss, additional expenses, accidental delay, or other irregularities which may be caused either through willful or unintended acts or omissions made by the companies or individuals providing or engaged in transportation, accommodation or other services related to the accomplishment of the tour, or through illness, disease or force majeure (as defined in the above section) such as natural disasters, social upheavals or other causes. You expressly understand and agree that neither Brisa TropicaLodge, nor any associate organization, agent, employee, contractor or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Brisa TropicaLodge, its owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
In addition, Brisa TropicaLodge will not be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Brisa TropicaLodge. The right is reserved to substitute accommodations or modes of transportation and to make any changes in the itinerary where deemed necessary or caused by changes in air schedules. On tours and adventures of this type, it is not possible to accommodate persons with severe health problems or physical disabilities. It is the Client’s responsibility to judge the appropriateness of these travel activities to their physical capabilities, and to consult with their medical and mental health providers prior to booking. Brisa TropicaLodge takes no responsibility for special arrangements or problems incurred by guests physically unable to participate in the planned activities. No refund can be made for absence from the tour unless arrangements are made at the time of booking. The right is reserved to decline, to accept or retain any person as a tour member for any reason, which affects the operation of the tour or the rights and welfare or enjoyment of the other tour members. Brisa TropicaLodge will not discriminate against any individual because of age, race, sex, or nationality. In no event will Brisa TropicaLodge be responsible for incidental, consequential or special damage or loss suffered by any person. Brisa TropicaLodge’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Brisa TropicaLodge for its services. In issuing tickets and coupons for transportation of the Client by any means and making arrangements for hotel or other accommodation, Brisa TropicaLodge is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Brisa TropicaLodge shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the Clients in arranging or booking transportation and accommodation. Brisa TropicaLodge reserves the right to take photographic or film records of any trip or guest, and may use any record for promotional and/or commercial purposes.
ACKNOWLEDGMENT OF RISK:
You understand and acknowledge that your travel in connection with and participation in the travel package arranged at your request by BrisaTropicaLodge may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the non performance of duties of the owners, directors, employees, contractors, subcontractors, officers or agents of Brisa TropicaLodge, or the non performance of duties or participation of other participants, contractors and/or subcontractors to. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your journey. You take full responsibility for the risks mentioned above and are agreeing not to hold Brisa TropicaLodge, nor any associate organization, agent, employee, contractor or subcontractor liable for any act.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY:
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour package in spite of the potential risk of danger, that you have consulted with your medical and mental health provider(s) prior to booking this tour, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the non performance of duties of the owners, directors, agents, officers, employees, contractors or subcontractors of Brisa TropicaLodge.
RELEASE OF LIABILITY:
In consideration of the services and arrangements provided by Brisa TropicaLodge, you, for yourself, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Brisa TropicaLodge and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, mental anguish, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NON PERFORMANCE OF DUTIES OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF BRISA TROPICALODGE.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES:
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive, or exemplary damages against Brisa TropicaLodge, its owners, officers, directors, agents, contractors, subcontractors, and employees, for any reason whatsoever.
IN CONSIDERATION FOR PARTICIPATING IN MY TOUR AND EXPEDITION, MY CHECKING OF THE “TERMS AND CONDITIONS” BOX LOCATED ON THE FINAL PAYMENT FORM, SERVES AS AN E-SIGNATURE THAT I HAVE, ON THE DATE SHOWN, READ AND UNDERSTOOD THIS AGREEMENT AND I ACKNOWLEDGE THAT IT AFFECTS MY LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS TERMS. MY E-SIGNATURE (AS STATED ABOVE) ALSO
SIGNIFIES MY INTENTION TO RELIEVE AND INDEMNIFY BRISA TROPICALODGE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH I MIGHT SUFFER DURING MY PARTICIPATION IN THE SCHEDULED TOUR AND EXPEDITION WITH BRISA TROPICALODGE.
LIABILITY:
Liability for services not provided, due to non performance of duties of Brisa TropicaLodge and or its employees, is limited to the real cost of the omitted services and excludes all resulting indirect costs and consequences. In the event of the above, Brisa TropicaLodge will make its best effort to provide alternative arrangements at the same cost, subject to availability. Brisa TropicaLodge is not liable for losses, material or physical damage, mental anguish, illness, allergies, and delays or other inconvenience caused by natural events or by third persons.
RESPONSIBILITIES & OBLIGATIONS:
Brisa TropicaLodge is responsible for providing all the services and accommodations exactly as advertised. In case of natural disasters, severe weather or any other acts of nature, Brisa TropicaLodge is not responsible for the services not provided. We maintain the right to change and/or re-schedule services that we deem appropriate or necessary. If for any reason the transportation chosen by the passenger (bus, flight, train, etc.,) does not arrive at the destination at the date and hour programmed to start the tour or program, Brisa TropicaLodge denies all responsibility for not providing the tour or package services. These services will not be reprogrammed. Brisa TropicaLodge will provide services only from the portion considered after the arrival of passengers. The portion of the program lost for this reason, is not refundable. Brisa TropicaLodge is not responsible for loss, damage, injury or mental anguish related to services or accommodations provided by third parties. We reserve the right to make changes in any itinerary in the event it becomes necessary to ensure the safety, comfort or well-being of the passenger. Such change will be made without penalty.
USE OF WEBSITE:
The use of this website is subject to the terms and conditions stated herein. Use of the website constitutes an agreement by you, the user, that your use is governed by these Terms and Conditions and our Privacy Policy. In addition, when using particular Brisa TropicaLodge services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.
Severability:
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, illegal or unenforceable.
CONTACT US:If you have any questions about this Policy, please contact us by email at contact@brisatropicalodge.com
FINAL CLAUSE:
These conditions and the terms related to the dates of occupancy and travel and the rate applied to those dates of occupancy and travel represent the entire Agreement between the Parties. No verbal representations or promises made by anyone are enforceable in any respect unless the changes are expressly agreed to in writing, by both the Parties. The Client automatically declares to know and to accept these Terms and Conditions, and in no case, will be able to allege ignorance.