GENERAL TERMS AND CONDITIONS OF ANDENWELTEN S.R.L.
CURRENT NOTE REGARDING THE WORLDWIDE CORONA PANDEMIC
In Bolivia there is the risk of being infected by the Corona virus and the risk of disease by COVID-19 despite of extensive protective measures. Possibilities of a treatment at a Bolivian hospital are very limited and incomparable with those in the client’s home country. If a client nevertheless decides to travel to Bolivia, he or she assumes all responsibility for his or her health. He or she also assumes all responsability for fulfilling all current COVID-19 entry and exit requirements.
1. Terms of participation
Conditions for the participation in a journey operated by ANDENWELTEN are health, fitness, and the disposition to conform to the customs of the countries. Besides the client commits to reading carefully the «important notes» and «travel tips», both attached to the quotation as well as to the booking confirmation, and to preparing correspondingly his travel. ANDENWELTEN exclusively operates in Bolivia. Travels to neighbor countries can be organized but without any liability of ANDENWELTEN. The client is responsible for his arrival and departure. In particular, he bears the risk of delays and cancellations of self-booked flights and bus connections. ANDENWELTEN expressly points out that the touristic activities that the client undertakes with ANDENWELTEN (like jeep, car, bus or boat trips, flights, trekking, mountaineering, biking, rafting, wildlife-watching, jungle, or expedition tours, etc.) are afflicted with increased accident, disease, and robbery risk as well as the risk of damage of personal belongings and of unforeseen incidents. Because of high altitude there’s the risk of altitude sickness. Additionally there’s the risk of COVID-19 desease. The participation in travels with ANDENWELTEN is therefore on client’s own responsibility and at client’s own risk. The client assumes complete liability for his physical and mental integrity as well as the care for his personal belongings.
With his booking the client relieves ANDENWELTEN from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. A valid overseas health insurance that also covers COVID-19 is a necessary condition for a journey with ANDENWELTEN. Besides a luggage insurance is highly recommended.
3. Deal of tourist travel contract
The booking is effective when the client accepts a quotation provided by ANDENWELTEN. By sending back the filled in ANDENWELTEN questionnaire (in case of clients of foreign agencies the participants list or passports) the client accepts the GENERAL TERMS AND CONDITIONS of ANDENWELTEN and relieves ANDENWELTEN from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. The client agrees on saving his personal data and sending them (given name and surname, passport number and date of birth) to service providers taking part in the particular journey and escpecially to the Migration authorities who request the data by law. When booking for more participants, the applicant is liable for the contractual responsibilities of all participants. The tourist travel contract becomes binding upon the booking confirmation of ANDENWELTEN.
4. Payment
If the client does not keep to the modalities of payment described in the booking confirmation, ANDENWELTEN becomes free of its obligations.
5. Contractually bound services by ANDENWELTEN
The amount of contractually bound services by ANDENWELTEN is the result of the itinerary finally agreed on. This itinerary can be changed by mutual agreement anytime. ANDENWELTEN explicitly reserves its right to change the itinerary on its own authority if there are factually justifiable, remarkable, and unpredictable reasons.
6. Change of costs
6.1. Changes of services and prices
Changes and deviations of marginal services from the content of the travel contract, that become necessary after the contracts conclusion and are not caused by ANDENWELTEN against good faith, are permitted if the general content layout of the booked travel is not affected. ANDENWELTEN is authorized to increase the travel price after the contracts conclusion if this allows for an increment of costs of certain contracted services or for changes of the valid currency rate. If so, the client will be informed immediately. The increment of the travel price must be in accordance with the costs that caused the increment of the travel price and implies that ANDENWELTEN discloses the calculation of the new travel price so that the client can recalculate the increment.
6.2 Special charges
All special charges that are caused by changes (cancellation, postponement) of public transport because of bad weather conditions, street blockades or an act of God in general, must be borne by the client. ANDENWELTEN commits to minimizing the costs that must be borne by the client and that are not caused by ANDENWELTEN. All special charges related to changes of the arranged itinerary caused by the client are for the clients account and must be paid immediately to the claimant. Among these special charges are e.g., charges caused by delays of the client or charges for an untimely return from a tour because of a client’s indisposition or disease. If ANDENWELTEN advances funds to counteract an emergency, the client must refund the advanced amount immediately after the travel.
7. Cancellation of the tourist travel contract by the tour operator
7.1 Cancellation before the start of the travel
ANDENWELTEN can cancel the tourist travel contract until 2 months before the start of the travel if the minimum number of participants is not obtained and a minimum number of participants was mentioned when concluding the contract. The client immediately obtains the amount that he has already paid. There are no further claims due to the client.
7.2 Cancellation after the start of the travel
ANDENWELTEN can withdraw from the tourist travel contract after the start of the travel if the client regardless of the call to order of ANDENWELTEN lastingly interferes with the realization of the travel or if the client acts contrary to the contract at such a rate that justifies the immediate annulment of the contract. This applies in particular if the client doesn’t correspond to the special requirements of the travel (health, fitness and the disposition to conform to the customs of the countries). If ANDENWELTEN cancels the contract, so ANDENWELTEN hold of the claim of the travel price but must deduct the value of charges ANDENWELTEN does not have to realize anymore because of the cancellation of the contract including the amounts that are refunded to ANDENWELTEN by service providers.
8. Cancellation by the client
The client can withdraw from the tourist travel contract at any time. Relevant for the costs to be assumed by the client is the entrance of the letter of cancellation by e-mail. When withdrawing from the travel contract or when not travelling at all without announcing it so ANDENWELTEN can demand appropriate compensation for the realized organization and expenses. ANDENWELTEN can demand this compensation globally, depending on its temporal proximity to the beginning of the journey and in percentage of the travel price, regarding the following classification:
Until 43 days before the beginning of the journey: 15%
Until 29 days before the beginning of the journey: 30%
Until 22 days before the beginning of the journey: 50%
Until 8 days before the beginning of the journey: 70%
Until the beginning of the journey: 90%
After the beginning of the journey: 100%
9. Liability
If services are not fulfilled according to the contract the client can demand such deficiency to be remedied. ANDENWELTEN can deny it if the expenses are disproportional. ANDENWELTEN can find a remedy in such a manner that an equivalent compensation is provided which is reasonable for the client and if the deficiency was not caused contrary to good faith and the remedy does not produce an unacceptable alteration of contract.
10. Arbitration
Possible disagreements have to been solved by an amicable agreement of all parties. In case of doubt there can be consulted an impartial arbitror. If there is an agreement under no circunstances the dispute must be solved by the court in La Paz.
11. Limitation of liability
Any liability of ANDENWELTEN for damages is excluded if the damage is not caused intentionally or if the damage is caused only because of the default of a service provider. A claim for damages towards ANDENWELTEN is excluded. ANDENWELTEN expressly points out that the touristic activities that the client undertakes with ANDENWELTEN (like jeep, car, bus or boat trips, flights, trekking, mountaineering, biking, rafting, wildlife-watching, jungle, or expedition tours, etc.) are afflicted with increased accident, disease, and robbery risk as well as the risk of damage of personal belongings and of unforeseen incidents. Because of high altitude there’s the risk of altitude sickness. Additionally there’s the risk of COVID-19 desease. The participation in travels with ANDENWELTEN is therefore on client’s own responsibility and at client’s own risk. The client assumes complete liability for his physical and mental integrity as well as the care for his personal belongings.
With his booking the client relieves ANDENWELTEN from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. A valid overseas health insurance that also covers COVID-19 is a necessary condition for a journey with ANDENWELTEN. Besides a luggage insurance is highly recommended.
12. Termination of contract because of extraordinary circumstances
If the realization of the travel is considerably handicapped, put at risk or affected because of extraordinary circumstances, which ANDENWELTEN is not responsible for (strikes, disturbances, street blockades, epidemics, natural disasters, extreme weather conditions and the like) so both the client and ANDENWELTEN can withdraw from the tourist travel contract respectively cancel it. For services already provided or still to provide ANDENWELTEN is entitled to claim a correspondent compensation. All additional costs that occur because of these extraordinary circumstances must be assumed by the client. ANDENWELTEN refunds the paid travel price less the amount that cannot be reclaimed from the service providers. Further claims are excluded.
13. Entry and health regulations
The client is responsible for the compliance with passport, visa, currency, duty, and health regulations including COVID-19 regulations. All handicaps and costs that occur for non-compliance with these regulations are for his account, even if these regulations should change after booking the travel.
Updated in August, 2022