Terms and Conditions

• Contracting services through the Calafate.tours website
• Responsibility of Calafate.tours
• Cancellations and/or modifications
• Claims management
• Additional information
• Browser and operating system
• Electronic billing
• Intellectual property
• Force majeure
• Links to other websites
• Partial nullity
• Enforceability

• Contracting services through the Calafate.tours website

This Website is directed at the end consumer and may only be used to gather information for making a purchase; it cannot be used for other purposes without the express written consent of the owner of Calafate.tours. By way of example and not limitation, the following actions are not permitted: a) Using the Website in violation of current legislation, good faith, generally accepted practices, and public order. b) Using the Website for purposes harmful to Calafate.tours or any third party, or that may cause harm or impede the normal functioning of the Website. c) Introducing into the network programs capable of damaging the computer systems of Calafate.tours, the company providing tourism or travel services (hereinafter referred to as the “Service Provider”), suppliers, or third-party users of the internal network or the Website. d) Including information from Calafate.tours in comparative price search tools. e) Accessing the Website through a robot, spider, or any automatic search tool or program. f) Conducting mass searches relative to the purchases made on the Website. g) Making speculative, false, or fraudulent requests or contracts. Notwithstanding the above, Calafate.tours reserves the right to deny access to the Website at any time, without prior notice and without any right to compensation, to those Users who violate these General Conditions or the specific conditions applicable in each case. If Calafate.tours has reasonable grounds to believe that an order has been placed in violation of these General Conditions, it is authorized to cancel it and may inform the relevant authorities. Users should know that the contracting of the aforementioned services is governed by specific contractual conditions, according to applicable legislation in each case, which are agreed upon by the Users with the Service Provider and Calafate.tours. In particular, the following conditions will generally apply.

• Responsibility of Calafate.tours

Unless indicated otherwise, any service offered by Calafate.tours through its Website is provided as a mediator in the sale. This means that Calafate.tours merely connects the Service Provider with potential clients. Therefore, Calafate.tours is an intermediary that limits itself to concluding contracts on behalf of the User on one side and the Service Provider or organizer on the other, without promising benefits or assuming responsibility for results; thus, Calafate.tours is not responsible for the non-fulfillment or exact and diligent compliance of the services that are part of said contract between the Service Provider or organizer and the User. Since the User contracts with the Service Provider, any claim or inquiry regarding the service must be directed against the Service Provider. Notwithstanding the above, Calafate.tours provides its customer service channels to assist Users with any questions or suggestions they may have. Additionally, Calafate.tours accepts all obligations or prohibitions imposed by current legislation regarding the exclusion or limitation of responsibility of the professional in fulfilling 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 procedures with the Service Provider on their behalf to facilitate such comparison between services.

• 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 that verifies the absence or reasons for cancellation. A medical certificate will only be accepted as valid for analyzing the case if it is issued by a doctor in El Calafate, belonging to a local medical institution (local hospital, local private clinic, or home doctor). The certificate of flight or bus modification or cancellation must indicate your route to or from the city of El Calafate. Such certificates will be analyzed by the Service Provider, who will decide whether to authorize a cancellation, date change, or consequent refund exceptionally, having a period of up to 5 days to communicate this decision after the medical certificate is presented.
In the case of cancellation or modification with less than 96 hours before the start of the service, there will be no refund of the amount paid at the time of reservation, regardless of the events that may have led to the cancellation. After the User requests the written cancellation of the service, Calafate Tours will cancel the reservation and proceed to refund, sending the proof of return as evidence. The time in which the User will see the amount 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 the timeframes for refunds, which may take up to 30 business days depending on each bank.
Modifying your reservation with 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 case of a fare change will you need to pay the difference in price if applicable) and will always be subject to the availability of the new requested date. In the case that 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 obligation to verify that the information contained in the new voucher matches the requested service. Claims will not be accepted for services different from those confirmed in the voucher. In the case of no-show at the time of service initiation, 100% of the reservation costs will be applied, and there will be no right to claim, even in the event 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 beginning, which does not imply any alteration of the contracted service itself, nor will it give rise to any claim from the User for the modification of the schedule.
In the event that cancellation without charge is approved, it will only be for the value of the tickets of the individuals referred to in the medical certificate or document presented to analyze the exception in the policy. No refunds or cancellations will be made for individuals not referred to in the medical certificate or document presented. In the case of cancellation without justified reasons, a retention of 20% of the total paid will apply. This percentage covers the administrative costs associated with the cancellation. The User is responsible for knowing the exchange rate of the currency in their country of origin. It is worth noting that any fluctuation in the exchange rate will not affect the amount in dollars initially agreed upon. 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 the application of charges or fees that are exclusive to the issuing bank of the card or the platform used for payment, nor will it be responsible for fluctuations in the foreign exchange market.

• Claims management

Before traveling, ensure you are staying in the city of El Calafate, where the tours will take place. Be informed about any local events such as national holidays, festive days, etc., that could affect the proper development of the service. Additionally, the User will be responsible for the choice of the tour contracted 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 make a claim, a written request must be sent to Customer Service, which will open a file and begin the appropriate procedures.

• Additional information

The User is responsible for the economic consequences arising from the misuse of their data that the User or an unauthorized third party may carry out, preventing 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 Process and Confirmation: To make a purchase, the User will be asked for the identification details of the passengers and the payment method for them. Without prejudice to the provisions of 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 via 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 entering data, without prejudice to the User’s rights under personal data protection regulations. Additionally, a confirmation email containing 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. Furthermore, Calafate.tours has a maximum period of 24 hours after sending the reservation confirmation to the User to modify or cancel any reservation in case of market demand reasons or last-minute availability fluctuations. In these cases, the User will be informed within a maximum of 24 hours that the reserved spots are not available for the selected day or time, and the option to reschedule or cancel the reservation without charge will be offered.

B) Payment for Reservations: There are different rates for Argentinians and foreigners. The prices for Argentinians with local ID are published in pesos on the website, while the prices published in dollars are valid for foreigners. The price of the services provided by Calafate.tours is subject to continuous market fluctuations. In this sense, unless otherwise established by a mandatory regulation or expressly stated by Calafate.tours, the User may terminate the contract with Calafate.tours or the Service Provider at any time. In case of a possible rate increase by the Service Provider, the User will have the option to: i) Accept to pay the difference in the rate in question. ii) Request a full refund of the amount paid, with Calafate.tours obliged to refund the total without any charges.

C) Credit and Debit Cards: The User will be liable to Calafate.tours for the credit or debit cards used, affirming that they are owned by the User and that there are sufficient funds in them 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 transfer amount for that purchase. Calafate.tours reserves the right to cancel reservations made by the User in the event of non-payment, chargeback, declined card, false data, or if Calafate.tours cannot verify the User’s 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 supplied credit or debit card. If it is not possible to charge the credit or debit card (transaction declined), the User should know 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 entrance fees to the National Park or lunches (if required for each specific service), nor drinks for those 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 intervene in the complete service provision. 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 on the voucher.

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

E) Restrictions for Excursions: By booking a service, the User understands and accepts the specific requirements for its proper execution. For example, but not limited to, age limits, physical conditions (cardiac, knee, hip, back problems, among others), motor, mental disabilities, eating disorders, recent surgeries, obesity, etc., which may prevent the activity from taking place. If the User has any issues that prevent the activity from occurring and this issue has been explicitly indicated before booking through the Website, there will be no possibility of later claims or refunds of the amount paid. Any incident, of any kind, arising from the User’s failure to manage, process, and document will not be assumed by Calafate.tours.

F) Accepted Accommodations: Calafate.tours can only seek passengers with their vehicles from accommodations registered with the local Municipality. Passengers cannot be sought from private residences or unregistered accommodations such as Airbnb. If staying at any unregistered accommodation, a meeting point will be indicated to start the excursion.

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 functioning properly. Nevertheless, Calafate.tours does not guarantee that access to the Website will be infallible, continuous, or free from deficiencies. Nor can it guarantee that the content or software the User may access through the Website is free of harmful elements, viruses, interferences, failures, omissions, disconnections, or other elements that may cause damage and detriment to the User or alterations to the User’s software or hardware systems, or to their electronic documents and files. Likewise, Calafate.tours will not be responsible for any damages of any nature arising from the use of the Website, including but not limited to damages to computer systems or those caused by improper use of the Website, interruptions or defects in telecommunications that may occur in financial or analogous operations, or those caused by third parties through illegitimate intrusions outside Calafate.tours’ control.

For the purposes of this regulation on electronic invoicing, the User who makes a purchase expressly consents to the sending of the invoice in electronic format by Calafate.tours, as applicable. This service will not incur any additional cost for the User. If the User wishes to receive a duplicate in paper format, it will be issued and include shipping costs to the required destination and may be requested via email at info@calafate.tours. The electronic invoice will be generated with the data provided by the User. It will be sent to the User within a period of less than 48 hours after the reservation is confirmed. Calafate.tours will not be responsible for any incorrect data provided by the User.

The intellectual property rights of the Website, its source code, design, navigation structure, software, databases, and the various elements contained therein are owned by Calafate.tours, which holds the exclusive rights to exploit them in any form, particularly the rights of reproduction, modification, distribution, public communication, assignment, availability, and transformation. The intellectual property rights and trademarks of third parties must be respected by anyone accessing the Website. Calafate.tours acknowledges the corresponding intellectual property rights in favor of their holders, and the mere mention or appearance on the Website does not imply the existence of rights or any responsibility regarding them, nor does it imply endorsement, sponsorship, or recommendation. To preserve potential intellectual property rights, if any User or third party believes that their legitimate rights have been violated by the introduction of certain content on the Website, they must notify Calafate.tours of this circumstance, indicating: – Personal data of the interested party. – Holder of the allegedly infringed rights. If the claim is made by a third party different from the interested party, they must prove the representation with which they act. – Indication of the content protected by intellectual property rights and its location on the Website. – Sufficient accreditation of the intellectual property rights. – An express declaration in which the interested party assumes responsibility for the veracity of the information provided in the notification.

Calafate.tours will not be liable for non-compliance, external costs incurred by the User for services not contracted with Calafate.tours, or damages caused as a result of force majeure, fortuitous events, or coercion, including, by way of example but not limited to: strikes, labor conflicts, riots, terrorist attacks or threats, terrorist activities, civil disturbances, natural disasters, adverse weather conditions, hurricanes, earthquakes, fires, floods, snow or wind storms, explosions, sinkholes, epidemics, inability to use airplanes, motor transport, or other public or private means of transport, inability to use telecommunications systems, unforeseen breakdowns, transportation accidents, etc.

Calafate.tours may provide Users with connections and links to other websites managed and controlled by third parties within the Website. 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, even indirectly or subsidiarily, for any damages of any kind that may arise from access, maintenance, use, quality, legality, reliability, and usefulness of the content, information, communications, opinions, statements, products, and services existing or offered on the websites not managed by Calafate.tours that are accessible through the Website.

Due to the decentralization of legislative functions and the control of the legal framework affecting the activities carried out by travel agencies, it is possible that the General Conditions are subject to various jurisdictions or regulations. Therefore, in the event that any condition of the General Conditions is declared null or void, the validity of the overall agreement will not be affected by such 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 the ineffectiveness of the condition in question been known.

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

They will remain in full force until declared null by an authority empowered by law to do so.