This Terms and Conditions statement constitutes a legal agreement between the User and Calafate.tours.

By using the services of Calafate.tours, the User acknowledges that they have read, understood, and agreed to the terms outlined below.

All access to and booking of any service through Calafate.tours is subject to each of the present General Conditions of Use of the Website (hereinafter, “General Conditions”), in the version published and in force at the moment the User accesses the Website. Therefore, it is mandatory for the User to carefully read the General Conditions before booking through Calafate.tours, as well as the specific conditions that, if applicable, complement, modify, or replace the General Conditions in relation to certain services and content, since they may have been modified since the last time they accessed the site.

The User declares that they are of legal age and have the legal capacity to acquire the services offered through Calafate.tours. Access to the Website is prohibited for Users residing in jurisdictions where its content is not authorized.

 

CONTENT

1. Service contracting through the Calafate.tours website
2. Responsibility of Calafate.tours
3. Cancellations and/or modifications
4. Handling of complaints
5. Additional information
6. Browser and operating system
7. Electronic billing
8. Intellectual property
9. Force majeure
10. Links to other websites
11. Partial nullity
12. Enforceability

 

1. Service contracting through the Calafate.tours website

The present website is aimed at the final consumer, and it may only be used to gather information for making a purchase on the site itself, with no other purposes allowed without the express written consent of the owner of Calafate.tours. Among other things, the following actions are not allowed: a) Using the website in contravention of current legislation, good faith, generally accepted customs, and public order. b) Using the website for harmful purposes against Calafate.tours or any third party, or in any way that may cause harm or prevent the normal functioning of the website. c) Introducing into the network programs that may cause damage to the computer systems of Calafate.tours, the company providing tourism or travel services (hereinafter the “Service Provider”), suppliers, or third-party users of the internal network or website. d) Including information from Calafate.tours in price comparison search tools. e) Accessing the website using a robot, spider, or any automatic search tool or program. f) Performing massive searches in proportion to purchases made on the website. g) Making speculative, false, or fraudulent requests or bookings. Notwithstanding the foregoing, Calafate.tours reserves the right to deny access to the website at any time, without prior notice and without the right to compensation, to those Users who breach these General Conditions or the specific conditions applicable to them in each case. If Calafate.tours has reasonable grounds to believe that an order has been placed in breach of these General Conditions, it is authorized to cancel it and may inform the relevant authorities. Users should be aware that the contracting of the aforementioned services is governed by specific or particular contractual conditions, according to the applicable legislation in each case, which are agreed upon by Users with the Service Provider and Calafate.tours. In particular, the following conditions will apply generally:

 

2. Responsibility of Calafate.tours

Unless otherwise indicated, any service offered by Calafate.tours through its website is provided as an intermediary in the sale. In other words, Calafate.tours only acts as an intermediary between the Service Provider and potential clients. Therefore, Calafate.tours is an intermediary that simply concludes contracts on behalf and for the account of the User on one side and the Service Provider or organizer on the other, without promising services and without providing them, not committing to the result. Therefore, Calafate.tours is not responsible for the non-performance or diligent performance of the services that are part of the contract between the Service Provider or organizer and the User. Since the User is the one contracting with the Service Provider, any claims or inquiries regarding the service must be directed against the Service Provider. Notwithstanding the foregoing, Calafate.tours provides the User with its customer service channels to assist them with any questions or suggestions they may have. Additionally, Calafate.tours accepts each and every one of the obligations or prohibitions imposed by the legislation in force regarding the exclusion or limitation of liability of the professional in the performance of the intermediary contract. In order for the User to have access to the comparison of requested services, the User expressly agrees that Calafate.tours may carry out mere formalities on their behalf with the Service Provider in order to enable such comparison between services.

 

3. 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 certificate confirming the absence or reasons for cancellation. The medical certificate will only be accepted as valid for analysis if it is issued by a doctor from El Calafate, belonging to a local medical institution (local hospital, local private clinic, or home doctor). The flight or bus modification or cancellation certificate must confirm your route to or from the city of El Calafate. These certificates will be analyzed by the Service Provider. The Service Provider will make a decision regarding the possibility of authorizing a cancellation, change of date, or consequent refund on an exceptional basis, having a period of up to 5 days to communicate this decision after the medical certificate is submitted.

In the event of cancellation or modification within less than 96 hours before the start of the service, there will be no refund of the amount paid at the time of booking, regardless of the circumstances leading to the cancellation. After the User requests the cancellation of the service in writing, Calafate Tours will cancel the reservation and proceed to make the refund by sending the return receipt as proof. The timeframe for the User to see the amount credited to their account or card depends solely on their bank or the platform chosen for the original payment. Calafate Tours is not responsible for the refund accreditation timelines, which may take up to 30 business days according to each banking entity.

Modifying your reservation more than 96 hours before the start of the service will not incur administrative charges (no penalty will be charged for date changes, only in the case of a fare change, the difference in price must be paid if applicable) and will always be subject to the availability of the new requested date. If Calafate Tours confirms the modification of the reservation, the User will receive a new confirmation voucher with the updated service information. It is the User’s responsibility to verify that the information contained in the new voucher matches the requested service. Claims for services different from those confirmed in the voucher will not be accepted. In the case of a no-show at the time of service commencement, 100% of the reservation costs will be applied, and the User will not have any right to claim, even in the case of force majeure events. The Service Provider may modify the start time of the excursion without the User’s consent up to 12 hours before the start, without this implying a modification of the contracted service itself or the User’s right to claim for the change in schedule.

In the event that the cancellation is approved without charge, it will only apply to the value of the tickets for the individuals referenced in the medical certificate or document presented to analyze the exception in the policy. Refunds or cancellations will not be made for individuals not mentioned in the medical certificate or document presented. In the case of cancellation without justified reasons, a 20% 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 of the currency in their home country. It should be noted that any fluctuations in the exchange rate will not affect the initially agreed-upon amount in dollars. The user is responsible for accepting or denying 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 held responsible for the application of charges or fees, which are exclusive to the card issuer bank or the platform used for payment, nor will it be responsible for fluctuations in the currency exchange market.

 

4. Handling of complaints

Before traveling, make sure you are staying in the city of El Calafate, where the tours will take place. Inform yourself about any local events such as national holidays, festivals, etc. that could affect the smooth running of the service. Also, the User will be responsible for choosing whether to contract the tour with or without transportation. In most cases, the final response to a claim will depend on the response time of the Service Provider, which is a maximum of 7 (seven) business days. To file a claim, a written complaint must be sent to the Customer Service department, which will open a file and initiate the appropriate procedures.

 

5. Additional information

The User is responsible for the economic consequences resulting from the misuse of their data by the User or an unauthorized third party, avoiding unauthorized access to data that only the User should know, such as access to the email with the reservation confirmation, access to the voucher, or access to their credit or debit card information.

A) Booking and Confirmation Process: To make a purchase, the User will be asked for the passengers’ identification details and the payment method. Without prejudice to what is established in these General Conditions, and especially regarding non-payment, the parties are not committed until the User completes the payment successfully and receives confirmation of their reservation 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 any errors made by the User in entering data, without prejudice to exercising their rights in accordance with personal data protection regulations. Likewise, a confirmation email with the purchase information will be sent, which will also be archived by Calafate.tours. The User is obliged to review this confirmation email, and if it contains any errors, they must contact Calafate.tours immediately to correct it if possible. Additionally, Calafate.tours has a maximum period of 24 hours after sending the reservation confirmation to the User to modify or cancel any reservation if market demand or last-minute availability fluctuations require it. In these cases, the User will be informed within 24 hours that the reserved places are not available for the selected day or time, and the option to reschedule the reservation or cancel it without charge will be offered.

B) Payment of Reservations: Different rates apply for Argentine nationals and foreigners. Prices for Argentine nationals with local ID are published in pesos on the website, and the prices published in dollars on the website are valid for foreigners. The purchase price of the services provided by Calafate.tours is subject to continuous market fluctuations. In this regard, unless a mandatory rule 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 possible fare increase by the Service Provider, the User will have the option to: i) Accept payment for the difference in the fare in question. ii) Claim a full refund of the amount paid, with the obligation of a full refund without retention of charges by Calafate.tours.

C) Credit and Debit Cards: The User is responsible to Calafate.tours for ensuring that the credit or debit cards used are their property and that they have sufficient funds to cover the cost of the contracted service. The purchase of any service will only be effective when Calafate.tours validly charges the credit or debit card provided or when the amount of the purchase is received by transfer. Calafate.tours reserves the right to cancel reservations made by the User in case of non-payment, refund, denied card, or false data, or if Calafate.tours cannot verify the card information. Calafate.tours reserves the right to request additional information from the User to verify their purchase. Requesting a reservation implies the User’s commitment to authorize the charge on the credit or debit card provided. In the event that it is not possible to charge the credit or debit card (rejected transaction), the User should be aware that since payment has not been made, the reservation may be canceled by Calafate.tours. The prices indicated on Calafate.tours include local taxes and are final prices. They do not include entry fees to the National Park or lunches (if necessary for each particular service), nor beverages in services that require them unless expressly mentioned on the website. Calafate.tours is not responsible for the payment methods accepted by National Parks authorities, Service Providers, or any other organization that may be involved in providing the complete service. Calafate.tours will inform the User of auxiliary, complementary, and in some cases mandatory services related to the main service offered on the Calafate.tours website and in the voucher.

D) Personal Data: The User commits and takes responsibility for ensuring that their data and those of third parties provided through the Calafate.tours website or our Customer Service Center, which has authorization from the third parties to provide them, have read and accepted these General Conditions and, if applicable, the specific conditions, that they are true, accurate, complete, and correct, that the names of the passengers exactly match those on their passport or ID card, with Calafate.tours not being responsible for any breaches of these conditions by the User. If there is any variation in the provided data or any error in the data that Calafate.tours holds, it is the User’s responsibility to inform the correct information. All travelers, including minors, must have the required documentation according to the laws or authorities, such as a passport, ID card, etc. It is the exclusive obligation of the traveler to be informed about the required documentation for international border crossing. In the case of excursions involving international border crossing and traveling with minors, the required documentation by Immigration must be carried, such as documentation demonstrating that they are traveling with both biological parents or authorization issued by a notary public to leave the country in the presence of only one parent. The family book is not a valid identification document for travel.

E) Excursion Restrictions: When booking a service, the User understands and accepts the specific requirements of the service for its proper execution. This includes age limits, physical conditions (heart problems, knee, hip, back issues, among others), motor, mental, disability, eating disorders, recent surgeries, overweight, etc., which may prevent the activity from being carried out. If the User has any impediment that prevents the activity and this impediment has been expressly indicated before booking through the website, there will be no possibility of subsequent claim or refund of the amount paid. Any incident, of any kind, resulting from the User’s failure to manage, process, and document their obligation will not be assumed by Calafate.tours.

F) Accepted Accommodations: Calafate.tours can only pick up passengers from accommodations authorized by the local Municipality. Passengers cannot be picked up from private residences or unregistered accommodations such as Airbnb accommodations. If staying in an unregistered accommodation, a meeting point will be indicated to start the excursion.

 

6. 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 the information that the User may obtain through links to external systems that are not dependent on Calafate.tours. Additionally, Calafate.tours makes reasonable efforts to keep the website updated and in good working order. However, Calafate.tours does not guarantee that access to the website will be error-free, continuous, or free from deficiencies. Nor can it guarantee that the content or software that the User may access through the website is free from harmful elements, viruses, interference, malfunctions, omissions, disconnections, or other elements that may cause harm 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 damages of any kind resulting from the use of the website, including but not limited to those caused to computer systems or resulting from improper use of the website, interruptions or defects in telecommunications that may occur in financial operations or similar nature, or those caused by third parties through illegitimate intrusions beyond Calafate.tours’ control.

 

7. Electronic billing

For the purpose of this regulation on electronic invoicing, the User who makes a purchase gives their express consent to receive the invoice in electronic format from Calafate.tours, as applicable. This service will not entail any additional cost for the User. In the event that the User wishes to receive a duplicate invoice in paper format, it will be issued and will include the shipping costs to the required destination. This can be requested via email to the address info@calafate.tours.

The electronic invoice will be generated with the data provided by the User. It will be sent to the User within 48 hours once the reservation is confirmed. Calafate.tours will not be responsible for any inaccurately provided data by the User.

 

8. Intellectual property

9. 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 resulting from force majeure, fortuitous events, or coercion, including, but not limited to; strikes, labor disputes, riots, terrorist attacks or threats, terrorist activities, unrest, industrial disputes, natural disasters, adverse weather conditions, hurricanes, earthquakes, fires, floods, snow or wind storms, explosions, storms, collapses, epidemics, inability to use aircraft, motor transport or other means of transportation, public or private, inability to use telecommunications systems, breakdowns, transport accidents, etc.

 

10. Links to other websites

Calafate.tours dentro del Sitio Web puede poner a disposición de los Usuarios conexiones y enlaces a otros sitios web gestionados y controlados por terceros. Calafate.tours no patrocina o garantiza ninguno de estos sitios Web de terceros, los cuales han sido incluidos por conveniencia para los Usuarios. Por lo tanto, no asume ningún tipo de responsabilidad, ni siquiera de forma indirecta o subsidiaria, por los daños y perjuicios de toda clase que pudieran derivarse del acceso, mantenimiento, uso, calidad, licitud, fiabilidad y utilidad de los contenidos, informaciones, comunicaciones, opiniones, manifestaciones, productos y servicios existentes u ofrecidos en los sitios web no gestionados por Calafate.tours y que resulten accesibles a través del Sitio Web.

 

11. Partial nullity

Due to the decentralization of the legislative function and control of the legal framework affecting the activity carried out by travel agencies, it is possible that the General Conditions may be subject to various jurisdictions or regulations. Therefore, in the event that any condition of the General Conditions is null or voidable, the validity of the agreement as a whole will not be affected by this circumstance. The legally ineffective condition will be replaced by a new one, or interpreted in a legally acceptable manner, that is as close as possible to the condition that would have been formalized had knowledge of the ineffectiveness of the condition in question been had.

 

12. Enforceability

The fact that Calafate.tours does not enforce the fulfillment by the User of any condition of the General Conditions on one occasion will not affect in any way its right to demand compliance on a subsequent occasion or the right of any other party to demand compliance. Any waiver by the User of any rights or powers arising from the General Conditions must be made in writing. Calafate.tours’ failure to demand strict compliance with any condition shall not be considered in any case as a waiver, nor shall it deprive Calafate.tours of the right to subsequently demand strict compliance with them.

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