Terms and Conditions of Use of Aventuras Tepuy

Effective Date: November 21, 2024

1- Introduction

These Terms and Conditions of Use (hereinafter referred to as "Terms") govern your use of the website and services offered by Aventuras Tepuy (hereinafter referred to as "the Company", "we", "us" or "our"). By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

2 - Use of the Website

2.1 Eligibility: You must be at least 18 years of age to use our services. Minors under the age of 18 may use the Website only under the supervision of a parent or legal guardian.

2.2 Prohibited Use: You agree not to use the Website for any illegal or unauthorized purpose. This includes, but is not limited to:
a) Violating any applicable local, state, national or international law.
b) Infringing the intellectual property rights of the Company or others.
c) Transmitting computer viruses or any malicious code.
d) Interfering with the security or integrity of the Website.

2.3 User Account: If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password.

3 - Reservations and payments

3.1 Bookings: All bookings are subject to availability and confirmation by the Company.

3.2 Payment Terms: Payments must be made in full at the time of booking, unless otherwise specified. For certain packages or services, we may require an initial deposit with the balance due at a later specified date.

3.3 Payment methods: We accept credit cards (Visa, MasterCard, American Express), bank transfers and other methods specified on our website.

3.4 Prices: All prices are shown in U.S. dollars (USD) and include applicable taxes, unless otherwise noted.

4 - Cancellations and refunds

4.1 Cancellation Policy:

• 30 days or more prior to the trip start date: Full refund minus a 5% administrative fee.
• 15-29 days before: 75% refund of the total cost.
• 7-14 days before: 50% refund of the total cost.
• 0-6 days before: No refund.

4.2 Cancellation procedure: Cancellations must be requested in writing via our official email. The date of receipt of the email will determine the application of the cancellation policy.

4.3 Reimbursement Limit: The maximum reimbursement amount shall not exceed 100% of the total cost of the trip paid, excluding any travel insurance purchased.

4.4 Modifications: Requests for reservation modifications are subject to availability and may incur additional charges.

5 - Chargebacks

5.1 In the event of a chargeback, the Company reserves the right to dispute the claim by providing all relevant documentation proving the legitimacy of the transaction.

5.2 If the chargeback is resolved in favor of the client in an unjustified manner, the Company reserves the right to include the client in a list of clients ineligible for future services.

5.3 The Client will be responsible for any fees associated with the processing of an unjustified chargeback.

6 - Travel Insurance

6.1 We strongly recommend the purchase of comprehensive travel insurance covering cancellations, medical emergencies, evacuation, and lost luggage.

6.2 The Company shall not be liable for any expenses that may be covered by travel insurance.

7 - Limitation of Liability

7.1 The Company shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of profits, data, or use.

7.2 The Company's total liability, whether in contract, tort (including negligence) or otherwise, shall not exceed the amount paid for the services in question.

7.3 The Company cannot be held responsible for the acts or omissions of third-party service providers, including airlines, hotels, tour operators, etc.

8 - Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, agents, and service providers from and against any and all claims, demands, damages, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of:
a) Your use of the Website or Services.
b) Your violation of these Terms.
c) Your violation of the rights of third parties.
d) Your conduct in connection with the Services.

9 - Guarantee

9.1 The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

9.2 The Company does not warrant that the Services will be uninterrupted, timely, secure or error-free.

9.3 The Company makes no warranties about the accuracy, reliability or quality of any information, content or services obtained through the Website.

10 - Force majeure

The Company shall not be liable for any failure or delay in the performance of its obligations due to events beyond its reasonable control, including, but not limited to, natural disasters, acts of terrorism, wars, civil unrest, strikes, pandemics, or governmental actions.

11 - Confidentiality

11.1 We are committed to maintaining the confidentiality of your personal information in accordance with our Privacy Policy.

11.2 You agree to maintain the confidentiality of any information provided by the Company that is not in the public domain.

12 - Damage

In no event shall the Company be liable for punitive, exemplary, or aggravated damages, even if it has been advised of the possibility of such damages.

13 - Claims

13.1 Any claim must be made in writing within 30 days of the incident in question.

13.2 The Company will endeavour to resolve any claims in a fair and timely manner.

14 - Scope of work

14.1 The scope of our services is limited to what is expressly stated in the booking confirmation.

14.2 Any additional services requested during the trip may incur additional charges.

15 - Governing Law and Jurisdiction

15.1 These Terms shall be governed by and construed in accordance with the laws of Venezuela, without giving effect to any principles of conflicts of law.

15.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Caracas, Venezuela.

16 - Anti-Money Laundering

16.1 The Company complies with all applicable anti-money laundering laws and regulations.

16.2 The Company reserves the right to refuse or cancel any transaction that it deems suspicious or that may be related to illegal activities.

16.3 The Company may request additional information to verify the client's identity and source of funds at any time.

17 - Use by minors

17.1 Minors under the age of 18 must obtain the consent of their parents or legal guardians before using our services.

17.2 Parents or legal guardians are responsible for supervising minors' use of the Website and ensuring that they understand and comply with these Terms.

18 - Modifications to the Terms

18.1 The Company reserves the right to amend these Terms at any time and at its sole discretion.

18.2 Changes will be effective immediately upon posting on the Website.

18.3 It is your responsibility to periodically review these Terms to stay informed of any changes.

19 - Divisibility

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

20 - Cession

You may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. The Company may assign these Terms without restriction.

21 - Contact

In case of any questions or concerns about these Terms, please contact us through the means provided on our website.

By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Use in their entirety.