Welcome to the Opentravel Terms and Conditions of Use («Terms»). The Terms you see below are important because they describe your legal rights to Opentravel services. Please carefully read these Terms, our Privacy Policy and any other terms referenced in this document.
I. CONTRACT:
1. You contact us with a written request or a booking.
2. Open Travel Spa. send a quotation or Confirmation & Invoice.
II. PAYMENT:
1. Pre-payment of 30% of the total amount is required upon confirmation and to be paid to Open travel directly to our bank account. Costs for bank transfer will have to be covered by yourself.
2. Full payment must be executed at least 70 days prior arrival to Chile. Exceptions due to a special condition of service providers you book through Open Travel will be clearly mentioned in the Confirmation & Invoice. Costs for bank transfer will have to be covered by yourself.
3. If the booking request is less than 70 days, the payment must be 100% of the amount.
Our Bank Account details will be provided upon confirmation and sent with our Sales Invoice.
III. TRAVEL INSURANCE:
A travel insurance is not included. We strongly recommend you take a Travel insurance in your home country.
IV. PASSPORTS, VISA, CUSTOMS AND HEALTH REQUIREMENTS:
You are responsible for yourself to comply with applicable passport, visa, customs and health requirements. This information can be obtained at the relevant institutions (Consulate, Customs Offices, etc.). We can provide contact details upon request.
V. CANCELLATION:
1. Cancellations have to be communicated to us in writing. The following cancellation fees will apply:
Up to 70 days before departure: we keep the amount of the prepayment (30%).
From 70 to 31 days before departure: 50% of sales value
From 30 to 0 days before departure: 100% of sales value
Payments that have been already made, will be refunded according to the mentioned cancellation fees minus our wire costs.
2. Certain service providers like hotels (or others) may have special payment and cancellation conditions, which will be mentioned in the Confirmation & Invoice.
3. Open Travel will not be held responsible for additional expenses in case of cancellation or extension of the journeys because of meteorological or safety conditions. As well the itinerary can change because of “Force Major” circumstances.
VI. CANCELLATION DUE TO FORCE MAJEURE:
1. If the journey due to unpredictable happenings (e.g. war, riots, natural catastrophe, global warming, epidemics, strikes, terrorist activity and its consequences or any unavoidable event beyond Open Travel’s control) is hampered, endangered or impaired, the traveler or Open Travel are entitled to terminate the contract. Open Travel reserves the right to claim for compensation for expenses that may occur.
2. In case of cancellation due to Force Majeure, Open travel is obligated to take all necessary measures, especially with regard to transporting the traveler back to the destination (if this was part of the tour confirmed by Open Travel). Possible costs have to be covered by the traveler.
VII. ALTERATION OF TRAVEL AFTER COMMENCEMENT OF TRAVEL:
If a traveler is requesting any modification after the booked tour has started, Open travel will try to help with the arrangements, but cannot guarantee that it will be possible. The traveler has to cover any additional costs due to cancellation or re-booking arrangements.
VIII. LIABILITIES AND LIMITATIONS OF LIABILITIES:
1. Open travel is liable in due diligence of a scrupulous executive for diligent travel preparations, careful selection of the suppliers, the correctness of the described services, and for the realization of the services confirmed in the confirmation.
2. Open travel is liable if one of its contracted staffs does not fully fill the contracted services.
3. If within a tour additional transportation with a line operation (e.g. Regular buses) is organized, for which the traveler receives a boarding ticket, then open travel is offering external services. Open travel cannot be held liable for the fulfilment.
4. Liability of open travel is limited or excluded to the extent to which liabilities of other providers are also limited or excluded on behalf of legal regulations.
5. Liability of open travel excludes the personal belongings of travelers.
IX. JURISDICTION:
All matters concerning a booking with Open Travel shall be governed and construed in accordance to Chilean law and each party agrees to submit all such matters to the exclusive jurisdiction of the Chilean courts. The place of court is in Puerto Varas.
XI. CONFIDENTIALITY:
The traveler’s personal data provided will be treated as strictly confidential and only used for the absolute necessary to realize the booked services.