General Information and Conditions
How to Make a Reservation:
Contact us thought our Live Chat between 8:00 a.m. and 6:00 p.m. Central Time, Monday through Friday, or you can also request space online at www.yesperu.com.
The cost of our travel programs includes:
•Services of Yesperu.com for complete pre-departure information to help you get the most out of your expedition.
•All scheduled transportation during the expedition unless otherwise specified.
•The services of experienced English-speaking local guides.
•Breakfasts, lunches and dinners as specified by B, L and D respectively in the itineraries.
•All transfers and luggage handling when taking the group flights.
Items not included in our travel programs:
•All airfares, including in-country airfares, unless otherwise specified.
•Transfers and luggage handling unless taking the group flights.
•Travel Protection Plan.
•Fees for passports and visas.
•Peru airport departure taxes.
•Tips to drivers, guides and ship’s crew.
•Items of a personal nature, such as equipment rental (e.g. snorkeling), laundry, phone calls, alcoholic beverages, camera fees, etc.
•Ticketing fees for air tickets.
•Ship and air fuel surcharges. (If applicable, ship and air fuel surcharges may be assessed prior to final payment.)
All our program prices are based on double occupancy. However, we try to accommodate single travelers who request single accommodations, as well as single travelers who are looking for a roommate. If a single room is requested, or we are unable to find a suitable roommate, you will need to pay the single supplement. Single accommodations are not available on all programs.
Deposits are due at the time of reservation. The deposit amount is $500 per person for all programs. An additional deposit of $200 per person is required for each extension on all programs. Deposit schedules are for expedition costs only. Air payment schedules are determined by the airlines’ policies. Deposit amounts will vary for custom-designed journeys.
Final payment for land, ship, air and special arrangements for programs and their extensions is due as follows: For Voyages, Small Ship Cruises: final payment is due 90 days prior to departure. For Land Programs: final payment is due 60 days prior to departure.
Cancellation Fees: For Voyages, Small Ship Cruises:
•$150 from the time of booking to 90 days prior to departure.*
•50% of the full program cost from 89 to 61 days prior to departure.
•100% of the full program cost from 60 to 0 days prior to departure.
For Land Programs:
•$150 from the time of booking to 90 days prior to departure.*
•$300 from 89 to 61 days prior to departure.
•100% of the full program cost from 60 to 0 days prior to departure.
* If you cancel 90 or more days prior to departure, you will be issued a travel certificate good for a $150 reduction in the cost of a future Yesperu.com journey.
Guest Travel Protection Program:
Canceling your journey can be very costly, as we have to adhere to the cancellation fee schedule above. Yesperu.com is not responsible or liable for loss, damage or theft of personal luggage and belongings, or personal injury, accident or illness. For your personal protection it is important that you purchase adequate travel insurance to cover these eventualities.
Cancellation by Yesperu.com:
If a journey is canceled by Yesperu.com because of extraordinary conditions, all monies paid to Yesperu.com will be refunded in full. Yesperu.com cannot accept responsibility for any other expenses incurred for preparing for the journey, including non-refundable airline tickets not purchased through Yesperu.com.
Yesperu.com Air Arrangements:
Booking your air with Yesperu.com offers many advantages, including special fares. We can schedule the most convenient flight times for the start of your journey, booking your return flight home with your scheduling preferences in mind. We will work with you to offer the best fares and most suitable schedules. Note that Yesperu.com cannot be held liable, assume responsibility, or accept claims with regard to seat assignments, flight changes, cancellations or any loss or damages, which may be incurred when using the services of airlines. E-tickets will be e-mailed with final tour documents.
Our Published Rates:
Changes in tour rates are rare, and caused by extraordinary circumstances outside Yesperu.com’ control. In the rare event that a tour rate should increase, cancellation is allowed without penalty. All prices are per person, based on double occupancy. All prices and airfares are subject to change.
Customers must be in possession of valid passports and any visas, permits and certificates required for the whole of their journey or expedition and shall arrange such vaccinations as are normally recommended for expeditions to Peruvian jungle. Information as to these matters and as to climate, clothing, baggage, gear, and similar matters is given in good faith but without responsibility on the part of Yesperu.com.
Limits on Yesperu.com’ Responsibilities:
Yesperu.com and its affiliates, owners, officers, agents, employees, contractors and subcontractors (hereafter in this paragraph “Yesperu.com”) purchase transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to its control. Neither Yesperu.com, nor any associate organization, agent, employee, contractor or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Yesperu.com, owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, Yesperu.com will not be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Yesperu.com. The right is reserved to substitute accommodations or modes of transportation and to make any changes in the itinerary where deemed necessary or caused by changes in air schedules. On expeditions of this type it is not possible to accommodate persons with severe health problems or physical disabilities. It is the guest’s responsibility to judge the appropriateness of these travel activities to his or her physical capabilities. Yesperu.com takes no responsibility for special arrangements or problems incurred by guests physically unable to participate in the planned activities. No refund can be made for absence from the tour unless arrangements are made at the time of booking. The right is reserved to decline to accept or retain any person as a tour member for any reason, which affects the operation of the tour or the rights and welfare or enjoyment of the other tour members. Yesperu.com will not discriminate against any individual because of race, sex, creed or nationality. In no event will Yesperu.com be responsible for incidental, consequential or special damage or loss suffered by any person. Yes Peru’ maximum liability, for any reason whatsoever, will be limited to the amount paid to Yesperu.com for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, Yesperu.com is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Yesperu.com shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. Yesperu.com reserves the right to take photographic or film records of any trip or guest, and may use any record for promotional and/or commercial purposes.
Any controversy or claim arising out of or relating to this Agreement or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Lima and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document.
Waiver of Jury Trial:
IN CONNECTION WITH ANY ACTION OR LEGAL PROCEED-ING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
Exclusive Governing Law and Jurisdiction:
THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PERU, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF PERU AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Waiver: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions, and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of Yesperu.com and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
Acknowledgment of Risk:
You understand and acknowledge that your travel in connection with and participation in the travel package arranged at your request by Yesperu.com may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of Yesperu.com or the negligence or participation of other participants, contractors and/or subcontractors to Yesperu.com. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities, which may take place during your journey.
Release of Liability:
In consideration of the services and arrangements provided by Yesperu.com, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Yesperu.com, and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith.
YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF YESPERU.COM.
Express Waiver of Any Right to Seek Consequential, Punitive or Exemplary Damages:
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against Yesperu.com, its owners, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever. In consideration of participating in my expedition, my signature on my Final Payment Form indicates that I have, on the date shown, read and understood this document and I acknowledge that it affects my legal rights and agree to be bound by its terms. My signature also signifies my intention to relieve and indemnify Yesperu.com, its owners, officers, directors, employees, agents, contractors and subcontractors from any liability for personal injury, property damage or wrongful death which I might suffer during my participation in the scheduled expedition.