TERMS & CONDITIONS

By hiring our expeditions, you are agreeing to these terms and conditions

• BOOKINGS

  KNOWLEDGE OF CONDITIONS When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them. The Company, on taking the reservation, covenants and agrees to fulfill its obligations as herein provided.
  
  BOOKINGS All bookings are made with WhiteFox Adventures, (from now on referred to as the Tour Operator) whose registered office is 672 Campora St. Esquel, Chubut, 9200. Argentina. With this sets forth its operating conditions for the provision of tourist services. To start the process to book a place, complete and send the on-line Booking Form using the Tour Operator’s website. Once your booking form has been received, the Tour Operator promptly submit a questionary to know your previous experience, a medical declaration and how to make your deposit. Once the required deposit is received your booking will be confirmed by email with your invoice.
  
  MEDICAL DECLARATION You must notify the Tour Operator via the medical declaration of any medical problems or disabilities, so that you can be advised of the suitability of the trip, health and safety considerations and what, if any, reasonable adjustments are required to be made. The Tour Operator reserves the right to decline or cancel a booking without having to pay any compensation if any medical problem or disability is disclosed after the medical declaration form is submitted but before the Departure Date. Or any medical issue or limitation is not published; provided that in the Tour Operator's belief such medical problem or disability is likely to endanger your health and safety or the health and safety of anyone else participating in the trip. The Tour Operator may require you to obtain confirmation from a medical professional that you are fit to travel and participate in the trip. You acknowledge and agree that concerning your medical welfare the Tour Operator has a duty to you and the other participants and, as such, if the Tour Operator reasonably believes that you are not sufficiently fit to take part in the trip, the Tour Operator may decline or cancel the booking at any time at their complete discretion.

• PAYMENTS

  PRICES - NO SURCHARGE GUARANTEE The published cost of our trips and any products or services offered by the Tour Operator is express in American Dollars. The price of our trips can change depending on a variety of factors but unlike some other companies, the Tour Operator guarantee the cost of your trip will not change after you have booked. The price when you book is the price you will pay. It applies on trips for the present season only. If you cancel a journey from one season to the next, the cost can change. In that case, the Tour Operator will provide notice to you as soon as reasonably possible. Where the increase in price is higher than 7% of the original cost of the applicable products or services, you may choose to either:
  (a) cancel the relevant booking without incurring any penalty; or
  (b) accept the change of price.
  
  DEPOSITS At the time of booking, a non-refundable deposit is required per person per trip. If the reservation is made 60 days or less before departure, full payment is due at the time of booking. Specific products or services may require you to provide a higher or lesser deposit at the time of booking. The Tour Operator will advise you of any such requirements before confirmation of the applicable booking.
  
  LIFETIME DEPOSITS If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with the Tour Operator subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other trip offered by the Tour Operator. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to the Tour Operator in writing. For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked.
  
  FINAL PAYMENT & ACCEPTANCE OF BOOKING The confirmation sent by the Tour Operator will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 60 days before the departure date of the first product or service included in the applicable booking. If the appropriate due date does not receive full payment, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as canceled and retain the deposit paid on booking as a cancellation fee. If a reservation is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If for any product or service booked, payment terms differ from those outlined in this section, the applicable conditions will be communicated to you before booking and will also be detailed on the relevant invoice. The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.

• CANCELLATIONS AND CHANGES

  GUARANTEED SCHEDULED DEPARTURES & CANCELLATION OF A TRIP BY THE TOUR OPERATOR A departure date for a scheduled expedition in Aconcagua offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure. The Tour Operator assures that all scheduled departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date trip and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. If the Tour Operator cancels a Trip before the date of departure for reasons other than Force Majeure and your fault or negligence do not cause the cancellation, you will have the choice of accepting from the Tour Operator:
  (a) a substitute trip of equivalent or superior value; or
  (b) a substitute trip of lesser value if no trip of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the trip initially purchased and the substitute trip; or
  (c) a full refund of all monies paid for the canceled trip. The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking including visas, vaccinations, non-refundable flights, and others.
  
  CANCELLATION BY THE PASSENGER You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined concerning the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the canceled trip, product or service. Cancellation of a trip:
  (a) Cancellation received 60 days or more before departure of first product or service in relevant booking: The Tour Operator will hold lifetime Deposit following these Terms, the remainder of the payments made to the Tour Operator in respect of the canceled product will be refunded.
  (b) Cancellation received 59-30 days before departure of first product or service in relevant booking: The Tour Operator will hold lifetime Deposit following these Terms, an amount equal to 50% of the remainder of the payments made to the Tour Operator in respect of the canceled trip will be refunded.
  (c) Cancellation less than 30 days before departure of first product or service in relevant booking: The Tour Operator will hold lifetime Deposit following these Terms, and no further refund will be payable.
  
  EXPEDITIONS, NON-USED SERVICES the price of the trip is quoted as a package. Therefore, no refund or compensation shall be given for non-use of specific services such as hotel stays, transportation or any other service that is included in the trip and has not been used by the passenger.
  
  EXPENSES DERIVING FROM ABANDONMENT OF JOURNEY If you leave a trip once it has started, for whatever reason, you will not be entitled to a refund or compensation. All the services were taken by the passenger after that are on a private basis. These services will have an additional cost that shall be paid by the passenger because they are not included in the price. Even though, the passenger will be allowed to use reserved hotel stays even outside the dates scheduled for the whole group.
  
  NON-USED LOGISTICAL SUPPORT SERVICES IN ACONCAGUA when a reservation of logistical support services in Aconcagua is not used in its totality, the client may request a refund of those non-used services. The Tour Operator will make a return of the 50% of the total non-used services, retaining the 50% as a penalty. The reimbursement may be done in different ways and may have a maximum delay of 60 days according to the complexity of the administrative information needed to do this refund.
  
  CHANGES MADE BY THE TOUR OPERATOR DURING THE TRIP Daily itineraries and coordination details are considered as objectives to be achieved, not as contractual obligations. During a trip, every effort will be made to adhere to the published itinerary, but with adventurous activities of this type, circumstances may arise where the Tour Operator is forced to alter dates, trip duration, flight schedules, routes, hotel accommodation and others. If changes are enforced before the trip begins, the Tour Operator will try to inform you of them as soon as possible. If changes occur during the journey, the Leader guide or our local agent will notify you at the time. The Tour Operator accepts no liability for, or the consequences of, any such changes howsoever caused. Furthermore, the Tour Operator shall not be held responsible for delays or alterations in the program due to (not exclusively) baggage loss with the airline, adverse weather conditions, any accidents suffered by mules, breakage of gear, flight cancellations, disease, wars, strikes, and any other act of God. The passenger shall bear any expense deriving from there.

• EQUIPMENT AND EXTRAS

  EQUIPMENT AND CLOTHING You will be provided with a list of all equipment required to bring on to the trip. It is your responsibility to bring and wear adequate gear and clothing. You are responsible for your equipment and belongings during the trip and bear the sole responsibility for wear and tear and incidental damage to your equipment. The Tour Operator, its guides, coordinators and any other party working for the Tour Operator shall not be held responsible for any accident or inconvenience associated with the equipment or clothing.
  
  HIRING EQUIPMENT You will be responsible for any leased equipment throughout the trip. If it is not returned to the Tour Operator within ten days of the last day of the trip in excellent condition (excluding ordinary wear and tear), you agree to indemnify the Tour Operator and keep the Tour Operator indemnified from all losses arising from damage to the equipment.
  
  JOINING TO THE EXPEDITION the Tour Operator cannot and does not accept any responsibility for any of the travel arrangements that you make to join the expedition or trek. The Tour Operator agrees with no financial liability that may arise from any enforced change to your travel plans due to any alteration of the expedition dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.
  
  EXTRA DAYS Most trips, especially expeditions, have extra days in the itinerary that are included to provide flexibility in case of bad weather or some other untoward event, and thereby increase the chance of the principal objective being achieved and for the trip to be successful. If these days are not needed in order to make the aims of the trip, and the team return from the mountains to a valley location earlier than planned; any additional costs incurred and associated with extra hotel nights, or services that would not otherwise have been provided nor were included in the published itinerary, must be met by each individual concerned at the time.

• PARTICIPANT AGREEMENT

  PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK In consideration of the services of the Tour Operator, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Tour Operator”), I hereby agree to release, indemnify, and discharge the Tour Operator, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that mountaineering and trekking in Argentina entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: loss or damage to equipment being used; being lost or separated from their guides or companions; the hazards of walking on uneven terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the forces of nature, including lightning, weather changes and avalanche; weather and altitude can be extreme and can change rapidly without warning; the risks of falling off the rock or mountain; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; travel in remote areas with poor or no access to emergency and/or medical services; my own physical condition, and the physical exertion associated with this activity. Argentina and all countries have their laws and standards of acceptable conduct; food and water-related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards. Furthermore, Tour Operator´s employees have demanding jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, other environmental conditions. They might overestimate whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the dangers. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Tour Operator from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Tour Operator´s equipment or facilities, including any such claims which allege negligent acts or omissions of the Tour Operator. Should Tour Operator or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and expenses. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or hurt myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. If I file a lawsuit against the Tour Operator, I agree to do so solely in Argentina, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining parts shall remain in full force and effect. By submitting this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Tour Operator by any claim from which I have released them herein.
  
  GUIDES, RIGHTS AND OBLIGATIONS The decisions taken by the guide are final. Agreeing to these terms and conditions signifies your acceptance of a Guide’s authority to make decisions affecting the group or individuals on the trip you are booking. In assessing the conditions expected to be encountered in the mountains or the abilities of the team members, the Guide; may decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk. Alternatively, he or she may make changes for the simple belief that such changes may be more enjoyable or better suited or beneficial for most of those taking part. The Guide will review and may alter the programme as the trip progresses in response to the changing influence of variable factors. Besides, if the guide considers that the behavior, physical condition, mental illness or any other reason emanating of a passenger may be dangerous to the safety, health or well-being of said passenger or the whole group, the guide may require you or others to leave the trip and shall not be entitled to any refund whatsoever. In the event it is necessary, the Tour Operator is allowed to resort to law enforcement personnel.

• GENERAL

  GENERAL INSURANCE For trips in Aconcagua, you must have adequate insurance cover for helicopter search and rescue. For all trips, you are advised to have insurance that covers you for all of the activities, specifically those deemed to be hazardous, included in the itinerary, and for any activities, you may undertake if traveling on an extension whether arranged by the Tour Operator or independently.
  
  COMPLAINTS If you have a problem during the trip, please inform the guide immediately who will endeavor to put things right. If your claim is not resolved locally, please follow this up by e-mail to the Managing Director at the Tour Operator's e-mail address, giving your trip name, the departure date, and all other relevant information and, where possible, evidence. Any such complaint must be received not later than 20 days of the date of your return from the trip. Please keep your letter concise, and to the point, this will assist in identifying your concerns quickly and speed up the response to you.
  
  COMPENSATION Only the Director of the Tour Operator may promise a refund or offer compensation. The Tour Operator’s Guides, Instructors, Agents, Representatives or Employees are not entitled to guarantee a refund nor to offer, and any such promise or offer will not bind the Tour Operator.
  
  GENERAL By agreeing to these booking conditions, you consent to the Tour Operator's staff taking photographs and video footage of you during the Trip and that the Tour Operator may use these images for publicity and training purposes including, but not limited to, in brochures, websites material and in the media.
  
  LAW, JURISDICTION, AND COMPETENCY The terms and conditions of all agreements made with the Tour Operator shall be subject to and governed by Argentinian law, and the courts of Argentina shall have exclusive jurisdiction over any dispute.