CALAFATE TOURS

Terms and Conditions

This Terms and Conditions of Service constitute a legal agreement between the User and Calafate.tours. By using Calafate.tours services, the User acknowledges having read, understood, and agreed to the terms set forth below. All access to and booking of any service through Calafate.tours is subject to these General Terms of Use of the Website (hereinafter, “General Terms”), in the version published and in effect at the time the User accesses the Website. Therefore, it is mandatory for the User to carefully read the General Terms before booking through Calafate.tours, as well as any specific terms that may supplement, modify, or replace the General Terms in relation to certain services and content, given that these may have changed since the User's last visit. The User declares that they are of legal age and have the legal capacity to purchase the services offered through Calafate.tours. Access to the Website is prohibited to Users residing in jurisdictions where its content is unauthorized.

CONTENT

  • Booking services through the Calafate.tours website
  • Calafate.tours' responsibility
  • Cancellations and/or modifications
  • Claims Management
  • Additional information
  • Browser and operating system
  • Electronic invoicing
  • Intellectual property
  • Force Majeure
  • Links to other websites
  • Partial nullity
  • Enforceability
  • Booking services through the Calafate.tours website
  • This Website is intended for the end consumer and may only be used to gather information for making a purchase. Its use for any other purpose is prohibited without the express written consent of the owner of Calafate.tours. By way of example, but not limitation, the following are prohibited: a) Using the Website in violation of applicable law, good faith, generally accepted practices, and public order. b) Using the Website for purposes that are harmful to Calafate.tours or any third party, or that may in any way cause harm or impede the normal operation of the Website. c) Introducing programs into the network that could damage the computer systems of Calafate.tours, the company providing the tourism or travel services (hereinafter the “Service Provider”), suppliers, or third-party users of the internal network or the Website. d) Including Calafate.tours information in comparative price search tools. e) Accessing the Website using a robot, spider, or any other automated search tool or program. f) Conducting mass searches in proportion to purchases made on the Website. g) Making speculative, false, or fraudulent requests or contracts. Notwithstanding the foregoing, Calafate.tours reserves the right to deny access to the Website at any time, without prior notice and without right to compensation, to Users who breach these General Terms and Conditions, or the specific terms applicable to them in each case. If Calafate.tours has reasonable grounds to believe that an order has been placed in violation of these General Terms and Conditions, it will be authorized to cancel it and may inform the relevant authorities. Users should be aware that the contracting of the aforementioned services is governed by the specific or particular contractual conditions, according to the applicable legislation in each case, agreed upon by the Users, the Service Provider, and Calafate.tours. In particular, the following conditions will apply generally.

  • Calafate.tours' responsibility
  • Unless otherwise stated, any service offered by Calafate.tours through its Website is provided as a sales intermediary. In other words, Calafate.tours merely connects the Service Provider with potential clients. Therefore, Calafate.tours is an intermediary that simply concludes contracts on behalf of the User and the Service Provider or organizer, without promising or providing any services, and is not obligated to guarantee the outcome. Consequently, Calafate.tours is not responsible for the non-performance or the exact and diligent performance of the services that form part of the contract between the Service Provider or organizer and the User. Because the User contracts directly with the Service Provider, any claim or inquiry regarding the service must be directed to the Service Provider. Notwithstanding the foregoing, Calafate.tours provides the User with customer service channels to assist with any questions or suggestions. Additionally, Calafate.tours accepts each and every obligation or prohibition imposed by current legislation regarding the exclusion or limitation of professional liability in the performance of the intermediation contract. In order for the User to access the comparison of requested services, the User expressly agrees that Calafate.tours may carry out, on their behalf, simple procedures with the Service Provider to facilitate said comparison.

  • Cancellations and/or modifications
  • If you wish to cancel or modify your reservation, you must contact the Customer Service Center at info@calafate.tours, attaching proof or a certificate confirming your absence or the reason for cancellation. A medical certificate will only be accepted if issued by a doctor in El Calafate, affiliated with a local medical institution (local hospital, local private clinic, or house call doctor). Certificates for flight or bus modifications or cancellations must specify your route to or from El Calafate. These certificates will be reviewed by the Service Provider, who will decide whether to authorize a cancellation, date change, or subsequent refund on an exceptional basis, and will have up to 5 days to communicate this decision after receiving the medical certificate.
    In the event of cancellation or modification less than 96 hours before the start of the service, no refund will be issued, regardless of the circumstances that may have led to the cancellation. After the User requests cancellation of the service in writing, Calafate Tours will cancel the reservation and process the refund, sending proof of payment as confirmation. The time it takes for the User to see the refund credited to their account or card depends exclusively on their bank or the platform chosen for the original payment. Calafate Tours is not responsible for refund processing times, which may take up to 30 business days depending on the bank.
    Modifying your reservation more than 96 hours before the service start date will not incur any administrative fees (no penalty will be charged for changing the date; only the price difference, if applicable, will apply). Modifications are subject to the availability of the new requested date. If Calafate Tours confirms the reservation modification, you will receive a new confirmation voucher with updated service information. It is your responsibility to verify that the information on the new voucher matches the requested service. Claims for services different from those confirmed on the voucher will not be accepted. In the event of a no-show at the start of the service, the 100% charges will apply, and you will not be entitled to any refund, even in cases of force majeure. The Service Provider may modify the start time of the excursion without the User's consent up to 12 hours before the start of the excursion, this does not imply the alteration of the service itself contracted, nor the claim by the User for the modification of the schedule.
    In the event that a cancellation is approved without charge, the charge will only apply to the ticket price of the individuals listed on the medical certificate or document submitted to review the policy exception. No refunds or cancellations will be issued for individuals not listed on the medical certificate or document. In the case of cancellation without justified cause, a 10% retention will be applied to the total amount paid. This percentage covers the administrative costs associated with the cancellation. The user is responsible for knowing the exchange rate in their country of origin. The user is responsible for accepting or declining the payment offered by Calafate Tours through our various sales channels. Acceptance of the offer implies a commitment to the reservation. The user is responsible for the use of their payment method and the services to be contracted. Calafate Tours will not be responsible for any charges or fees applied, which are the sole responsibility of the card issuer or the payment platform used, nor will it be responsible for fluctuations in the foreign exchange market.

  • Claims Management
  • Before traveling, please ensure you are staying in El Calafate, the city where the tours will take place. Be aware of any local events, such as national holidays, public holidays, etc., that could affect the smooth operation of the service. The user is responsible for choosing whether to book a tour with or without transportation. In most cases, the final response to a complaint will depend on the Service Provider's response time, which is a maximum of seven (7) business days. To file a complaint, please submit a written request to Customer Service, which will open a case and begin the appropriate procedures.

  • Additional information
  • The User is responsible for the economic consequences arising from the misuse of their data by the User or an unauthorized third party, preventing unauthorized third parties from accessing data that only the User should know, such as access to the email with the booking confirmation, access to the voucher, or access to their credit or debit card details.

    A) Booking and Confirmation Process: To complete the purchase, the User will be asked for the passengers' identification details and payment method. Without prejudice to the provisions of these General Terms and Conditions, and especially those relating to non-payment, the parties are not bound until the User successfully completes the payment and receives confirmation of their booking by email. Before and during the purchase process, the Calafate.tours system may warn the User of possible errors or omissions in the entry of mandatory data, allowing the User to correct them. Once the purchase is made, Calafate.tours is not responsible for errors made by the User in data entry, without prejudice to their right to exercise their rights under personal data protection regulations. A confirmation email with the purchase information will also be sent and archived by Calafate.tours. The User is obligated to review the confirmation email, and if it contains any errors, they must contact Calafate.tours immediately so that it can be corrected, if possible. Calafate.tours also has a maximum of 24 hours after sending the booking confirmation to the User to modify or cancel any reservation in the event of market demand or last-minute availability fluctuations. In these cases, the User will be informed within 24 hours that the reserved spaces are not available for the selected date and time and will be offered the option to reschedule or cancel the reservation free of charge.

    B) Reservation Payments: There are different rates for Argentinians and foreigners. Prices for Argentinians with a local ID are those published in pesos on the website, while prices published in dollars are valid for foreigners. The price of services provided by Calafate.tours is subject to continuous market fluctuations. In this regard, and unless a mandatory regulation or Calafate.tours expressly states otherwise, the User may terminate the contract with Calafate.tours or the Service Provider at any time. In the event of a rate increase by the Provider, the User will have the option to: i) Accept and pay the difference in rate. ii) Request a full refund, with Calafate.tours obligated to issue a full refund without deducting any fees.

    C) Credit and Debit Cards: The User is responsible to Calafate.tours for ensuring that the credit or debit cards used are their own and that there are sufficient funds to cover the cost of the contracted service. The purchase of any service will only be effective when Calafate.tours successfully charges the provided credit or debit card or receives the purchase amount via bank transfer. Calafate.tours reserves the right to cancel reservations made by the User in the event of non-payment, chargeback, declined card, or false information, or if Calafate.tours is unable to verify the card details. Calafate.tours reserves the right to request additional information from the User to verify their purchase. Submitting a reservation implies the User's commitment to authorize the charge to the provided credit or debit card. In the event that the credit or debit card cannot be charged (transaction declined), the User should be aware that, since payment has not been made, the reservation may be canceled by Calafate.tours. The prices shown on Calafate.tours include local taxes and are final prices. They do not include entrance fees to the National Park, lunches (if required for each specific service), or beverages for services that require them, except in cases expressly mentioned on the Website. Calafate.tours is not responsible for the payment methods accepted by the National Parks authorities, Service Providers, or any other organization that may be involved in the complete provision of the service. Calafate.tours will inform the User of any auxiliary, complementary, and in some cases mandatory services that are part of the main service offered on the Calafate.tours website and on the voucher.

    D) Personal Data: The User agrees and is responsible for ensuring that their data, and any data they provide concerning third parties, is provided through the Calafate.tours Website or our Customer Service Center, with the authorization of the third parties to provide it. The User also confirms that they have read and accepted these General Terms and Conditions and, where applicable, the specific terms and conditions, and that the data is true, accurate, complete, and correct. The User further confirms that the names of the passengers exactly match those appearing in their passport or national identity document (DNI). Calafate.tours is not responsible for any breaches of these terms by the User. If there are any changes to the data provided or any errors in the data held by Calafate.tours, it is the User's responsibility to provide the correct information. All travelers, including minors, must carry valid documentation required by law or authorities, such as a passport, national identity document (DNI), etc. It is the traveler's sole responsibility to be informed about the documentation required for crossing international borders. For excursions involving international border crossings and traveling with minors, you must carry the documentation required by Immigration, such as proof that the child is traveling with both biological parents or a notarized authorization to leave the country in the presence of only one parent. A family book is not a valid form of identification for travel.

    E) Excursion Restrictions: By booking a service, the User understands and accepts its specific requirements for proper execution. These include, but are not limited to, age limits, physical conditions (such as heart, knee, hip, or back problems), motor skills, mental limitations, disabilities, eating disorders, recent surgeries, and being overweight, among others, that may prevent participation in the activity. If the User has any impediment that prevents participation in the activity and this impediment has been expressly indicated before booking through the Website, there will be no possibility of subsequent claims or refunds. Calafate.tours will not be liable for any incident, of any kind, arising from the User's failure to fulfill their obligations regarding management, processing, and documentation.

    F) Accepted Accommodations: Calafate.tours can only pick up passengers with their vehicles from accommodations registered with the local municipality. Passengers cannot be picked up from private residences or unregistered accommodations such as Airbnb listings. If you are staying at an unregistered accommodation, you will be provided with a meeting point to begin the tour.

  • Browser and operating system
  • Calafate.tours makes every effort to avoid any errors in the content that may appear on the Website. However, Calafate.tours is not responsible for information that the User may obtain through links to external systems that are not under the control of Calafate.tours. Additionally, Calafate.tours makes reasonable efforts to keep the Website updated and in good working order. Nevertheless, Calafate.tours is not responsible for, nor does it guarantee, that access to the Website will be infallible, continuous, or free from defects. Nor can it guarantee that the content or software that the User may access through the Website is free of harmful elements, viruses, interference, malfunctions, omissions, disconnections, or other elements that may cause damage to the User or alterations to the User's computer systems, software, or hardware, or to their electronic documents and files. Likewise, Calafate.tours will not be liable for any damages of any kind arising from the use of the Website, including but not limited to those caused to computer systems or those caused by improper use of the Website, interruptions or defects in telecommunications that may occur in financial or similar operations, or those caused by third parties through illegitimate intrusions beyond the control of Calafate.tours.

  • Electronic invoicing
  • For the purposes of this regulation on electronic invoicing, the User making a purchase expressly consents to receiving the invoice electronically from Calafate.tours, as applicable. This service will not entail any additional cost for the User. Should the User wish to receive a duplicate in paper format, it will be issued and will include shipping costs to the requested address. A duplicate can be requested by sending an email to info@calafate.tours.
    The electronic invoice will be generated using the information provided by the User. It will be sent to the User within 48 hours of booking confirmation. Calafate.tours is not responsible for any incorrect information provided by the User.

  • Intellectual property
  • The intellectual property rights to the Website, its source code, design, navigation structure, software, databases, and all elements contained therein belong to Calafate.tours, which holds the exclusive rights to exploit them in any form, and in particular, the rights of reproduction, modification, distribution, public communication, assignment, making available, and transformation. The intellectual property rights and trademarks of third parties must be respected by all those who access the Website. Calafate.tours acknowledges the corresponding intellectual property rights of their owners, and their mere mention or appearance on the Website does not imply the existence of any rights or responsibility on the part of Calafate.tours, nor does it imply endorsement, sponsorship, or recommendation. To protect potential intellectual property rights, if any User or third party believes that their legitimate rights have been violated by the inclusion of certain content on the Website, they must notify Calafate.tours, indicating: - The interested party's personal data. - The owner of the allegedly infringed rights. If the claim is submitted by a third party other than the interested party, they must provide proof of their legal representation. - Indication of the content protected by intellectual property rights and its location on the Website. - Sufficient proof of intellectual property rights. - Express declaration in which the interested party assumes responsibility for the veracity of the information provided in the notification.

  • Force Majeure
  • Calafate.tours will not be liable for breaches, external costs incurred by the User for services not contracted with Calafate.tours, or damages caused as a consequence of force majeure, fortuitous event or coercion, including, but not limited to: strike, labor dispute, riot, terrorist attack or threat, terrorist activities, disturbances, industrial disputes, natural disasters, adverse weather conditions, hurricane, earthquake, fire, flood, snow or wind storm, explosion, storm, sinking, epidemic, impossibility of using aircraft, motor transport or other means of transport, public or private, impossibility of using telecommunications systems, sudden breakdown, transport accidents, etc.

  • Links to other websites
  • Calafate.tours, within the Website, may provide Users with connections and links to other websites managed and controlled by third parties. Calafate.tours does not sponsor or guarantee any of these third-party websites, which have been included for the convenience of Users. Therefore, it assumes no responsibility whatsoever, even indirectly or subsidiarily, for any damages of any kind that may arise from the access, maintenance, use, quality, legality, reliability, and usefulness of the content, information, communications, opinions, statements, products, and services existing or offered on websites not managed by Calafate.tours and that are accessible through the Website.

  • Partial nullity
  • Due to the decentralization of the legislative and regulatory functions governing the legal framework affecting travel agencies, these General Terms and Conditions may be subject to various jurisdictions or regulations. Therefore, should any provision of these General Terms and Conditions be deemed invalid or voidable, the validity of the entire agreement will not be affected. The legally ineffective provision will be replaced by a new one, or interpreted in a legally acceptable manner, that most closely approximates the provision that would have been agreed upon had the parties been aware of the invalidity of the provision in question.

  • Enforceability
  • The fact that Calafate.tours does not require the User to comply with any condition of these General Terms and Conditions on a given occasion will not affect its right to require such compliance on a subsequent occasion or the right of any other party to require such compliance. Any waiver by the User of any of the rights or powers arising from these General Terms and Conditions must be made in writing. The failure of Calafate.tours to require strict compliance with any condition shall not be considered a waiver under any circumstances, nor shall it deprive Calafate.tours of the right to subsequently require strict compliance with said condition.

    They will remain in full force until they are declared null and void by an authority empowered by law for this purpose.