POLITICAS DE CANCELACION  Y REEMBOLSO  “LUX ANDES CUSCO”

Once the corresponding payment for the reservation has been made, THE AGENCY 'LUX ANDES CUSCO' may proceed with the purchase, issuance, and/or confirmation of the contracted services, including those whose provision is subject to the conditions, restrictions, and individual policies established by THIRD-PARTY PROVIDERS or relevant public authorities

Regarding Machu Picchu entrance tickets, their issuance, modification, rescheduling, cancellation, and refund (where applicable) shall be subject to the terms and conditions established by the relevant authority and in effect at the time of purchase. Consequently, when a service has been purchased under express non-refundable terms, the corresponding amount will not be eligible for a refund, unless expressly specified otherwise by the provider, the relevant authority, or applicable law.

Modification requests made by THE CLIENT thirty (30) calendar days or fewer prior to the scheduled service start date may be subject to penalties, restrictions, or charges of up to one hundred percent (100%) of the corresponding amount, depending on the nature of the service, the specific reservation conditions, existing availability, and the applicable policies of the provider or entity responsible for its provision. The application of such conditions will be communicated to THE CLIENT when applicable."

Additionally, THE PASSENGER'S failure to arrive at the location, date, and time scheduled for the provision of the service shall be considered a NO SHOW. Such situation may result in the total or partial loss of the amount paid, provided that such consequence was previously communicated, is specified in the applicable terms of service, and is deemed appropriate in accordance with the corresponding provider's policies and applicable law.

Flexible services

The cancellation and refund conditions for the tourism services offered by THE AGENCY shall be determined in accordance with the nature, characteristics, availability, and booking terms of each reserved tour or service. Consequently, deadlines, penalty percentages, and refundable amounts may vary based on the contracted service, the costs incurred by THE AGENCY, and the terms established by the involved providers.

As a general rule, cancellations made 30 days or more in advance may qualify for a refund of up to 90% of the amount paid, with 10% retained for administrative expenses; those made between 15 and 29 days in advance may be subject to a penalty of up to 30%; those made between 7 and 14 days in advance may be subject to a penalty of up to 50%; and cancellations made less than 7 days in advance may be considered non-refundable.

However, when certain services, entrance tickets, pass/train tickets, reservations, transfers, accommodations, or other components have been purchased or confirmed in advance by THE AGENCY under non-refundable conditions, the corresponding specific terms shall apply. In such cases, any refund will be strictly subject to the amounts that can actually be recovered from the providers

The specific cancellation terms applicable to each tour or reservation will be communicated to THE CLIENT prior to booking confirmation and, once accepted, will form part of the terms of service, taking precedence over the general terms and conditions in matters specifically applicable.

Services Subject to Non-Refundable Conditions

Certain tourism services, due to their nature, limited availability, or purchase conditions, may be subject to modification, cancellation, or refund restrictions established by the corresponding provider, operator, or managing entity. These include, as applicable, entrance tickets to Machu Picchu and the Inca Trail, rail services, airline tickets, and specific attraction entrance fees.

Once the acquisition or issuance of such services has been completed, their modification, cancellation, or refund shall be governed by the terms and restrictions established by the provider or relevant authority. THE AGENCY will inform THE CLIENT, prior to reservation confirmation, of any specific terms that apply, especially when the service is non-refundable. In such cases, THE AGENCY cannot guarantee the refund of amounts that the provider or relevant entity does not allow to be recovered, without prejudice to the rights corresponding to THE CLIENT under applicable law.

NO SHOW Policy

THE PASSENGER's failure to present themselves at the location, date, and time scheduled for the start of the service shall be considered a NO SHOW. In these cases, the cancellation and penalty conditions previously communicated for the contracted service will apply, which may result in the total loss of the amount paid where applicable. If the passenger's delay or non-attendance leads to the loss of trains, flights, entrance tickets, or other previously booked services, any additional costs arising from such situation shall be borne by THE CLIENT, provided they are attributable to the client and there is no liability on the part of THE AGENCY or the corresponding provider.

MODIFICATIONS, UNFORESEEN EVENTS, AND FORCE MAJEURE

THE AGENCY may make reasonable modifications to the itinerary, schedules, modes of transportation, lodging establishments, or other aspects of the contracted service when necessary for reasons of safety, availability, operational conditions, government regulations, or unexpected circumstances, aiming to preserve, as far as possible, the nature, quality, and purpose of the service originally contracted.

When service provision is affected by acts of God or force majeure events—such as natural disasters, extraordinary weather conditions, strikes, blockades, social unrest, access restrictions, official authority mandates, or other unforeseeable or unavoidable events beyond the reasonable control of the parties—THE AGENCY will inform THE CLIENT of such circumstance and will endeavor, subject to available options, to reschedule the service or offer a reasonably equivalent alternative.

When rescheduling or providing an alternative is not possible, the applicable refund will be determined based on the services not actually provided and the refund terms applied by the EXTERNAL PROVIDERS involved. THE AGENCY will not assume personal or additional expenses incurred by THE PASSENGER that are not part of the contracted service, except when these are the result of a breach legally attributable to THE AGENCY.

The preceding provisions apply in accordance with Law No. 32392, New General Tourism Law, its Regulations approved by Supreme Decree No. 002-2026-MINCETUR, and the Consumer Protection and Defense Code, as applicable, respecting at all times the rights granted to THE CLIENT by mandatory legal regulations.

PASSENGER RESPONSIBILITIES AND OBLIGATIONS

THE PASSENGER must provide truthful and relevant information for the proper provision of the service and promptly communicate any circumstance that may affect their participation in the contracted activities. Likewise, they shall be responsible for holding identity documents, passports, visas, permits, or other necessary requirements to carry out the trip.

In activities taking place in high-altitude areas, such as Cusco, Vinicunca, or Humantay Lake, THE PASSENGER must take necessary precautions and communicate any condition that may be relevant to their participation. Information provided by THE AGENCY agency regarding service features does not replace the advice or evaluations of a health professional.

THE PASSENGER deberá respetar las normas de seguridad, convivencia y conservación de los lugares visitados, así como seguir las indicaciones razonables impartidas por los guías y responsables del servicio. Los daños ocasionados por una conducta dolosa o negligente del pasajero serán asumidos por este, conforme a la legislación aplicable.

Regarding luggage, money, documents, and personal belongings THE PASSENGER must take reasonable measures for their custody. agency shall not be liable for their loss, theft, or damage unless formally handed over into its custody, without prejudice to any legal responsibilities that may apply.

INTELLECTUAL PROPERTY

The contents published through the website, social networks, and other media of LUX ANDES CUSCO—including text, photographs, videos, logos, designs, graphic materials, itineraries, and other protected elements—are subject to Peruvian copyright and intellectual property laws.

Their reproduction, distribution, modification, or commercial use is strictly prohibited without the prior written authorization of LUX ANDES CUSCO or the respective rights holder, except for uses permitted under applicable law.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Republic of Peru, particularly the applicable provisions of Law No. 29571 (Consumer Protection and Defense Code), Law No. 32392 (New General Tourism Law), its Regulations approved by Supreme Decree No. 002-2026-MINCETUR, and any other regulations applicable to the contracting and provision of tourism services.

Any controversy, discrepancy, or claim arising from the contracting, interpretation, execution, or provision of services shall be addressed, in the first instance, through the customer care and claims mechanisms provided by THE AGENCY, with both parties striving to reach a direct, reasonable, and good-faith resolution.

Notwithstanding the above, THE CLIENT may exercise the protection, claim, and dispute resolution mechanisms recognized under Peruvian law, including the Complaints Book (Libro de Reclamaciones), conciliation proceedings, administrative procedures before INDECOPI, and any other legally available channels, as appropriate.

If a resolution is not reached through the aforementioned mechanisms, either party may resort to judicial or arbitral proceedings, or to any legally applicable dispute resolution mechanism, submitting to the jurisdiction of the appropriate bodies in accordance with applicable procedural and consumer protection rules. Under no circumstances shall these Terms and Conditions be construed as a waiver, limitation, or restriction of the rights recognized to THE CLIENT as a consumer under applicable law.

The confirmation of the reservation, acceptance of the quote, payment processing, or contracting of the service shall imply that THE CLIENT has had access to and the opportunity to review these Terms and Conditions, expressing their acceptance of the terms applicable to the contracted service, without prejudice to mandatory legal provisions and non-waivable rights recognized by Peruvian law.

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