Contract of understanding between the parties
UNDERSTANDING AGREEMENT BETWEEN THE PARTIES
This document constitutes what shall be referred to as the UNDERSTANDING AGREEMENT BETWEEN THE PARTIES, entered into by:
The company MACHU PICCHU SACRED E.I.R.L., identified with RUC 20612246832, with its legal and tax address at Calle Matara 346, district of Cusco, province of Cusco, Peru, with contact email info@machupicchusacred.com
, duly represented by its legal representative (General Manager), Mr. Dennis Pedro Quispe Molina, who for the purposes of this document is identified with DNI 70413359 and shall hereinafter be referred to as “THE AGENCY”; and on the other part, Mr./Mrs.: ___________________________________________ identified with ID or Passport No. __________________, residing at ___________________________________ with email ________________________ and phone number ________________, who shall hereinafter be referred to as “THE TRAVELER”.
FIRST CLAUSE – BACKGROUND
THE AGENCY is a legally established entity specialized in the organization, promotion, and marketing of tours and travel packages to various destinations within the Republic of Peru and the Plurinational State of Bolivia.
THE TRAVELER has voluntarily decided to participate in the tour package called [Name of the Tour], which includes various destinations and tourist services specified in the travel itinerary, covering a period of [indicate number of days], and has expressed agreement with the terms and conditions described in this contract.
SECOND CLAUSE – AGREEMENTS AND TERMS
2.1. Understanding between the Parties:
THE TRAVELER and THE AGENCY acknowledge and agree that:
THE TRAVELER participates voluntarily in all tourist and recreational activities offered by THE AGENCY, establishing that, in this agreement between the parties, there has been no circumstance that may invalidate THE TRAVELER’s decision to contract the services of THE AGENCY.
THE TRAVELER will exercise utmost care with respect to the inherent risks of such activities, which include, without limitation, hiking on uneven terrain, ascents and descents in high-altitude areas, travel by land and air transportation, as well as any other activity that may involve physical, personal, or material risk, both within and outside tourist zones.
THE AGENCY, its employees, agents, representatives, service providers, and any related third parties shall not be held responsible for negligent acts that may cause injury (temporary and/or permanent), illness (occupational or common), loss, or material damage that may occur during the tour or as a result of THE TRAVELER’s actions or behavior.
2.2. Health and Physical Fitness Conditions.
THE TRAVELER declares under oath that:
They are in adequate health to participate in all physical activities included in the tour program.
They possess the necessary physical condition to perform activities involving physical effort, high-altitude walks, and other challenges of a similar nature.
They have informed THE AGENCY of any pre-existing medical condition, physical limitation, or special requirement that may affect their participation in the tour or pose a risk to their own safety or that of others, allowing THE AGENCY to take the necessary precautions and provide appropriate assistance to THE TRAVELER.
2.3. Travel Insurance.
THE TRAVELER is solely responsible for obtaining adequate travel insurance that covers any unforeseen event, accident, illness, loss of personal belongings, cancellations, or similar situations during their participation in the tour. THE AGENCY recommends obtaining such insurance and assumes no responsibility for the failure to do so nor for the coverage provided by said insurance.
2.4. Conduct and Compliance Obligations.
THE TRAVELER agrees to:
Comply with all safety instructions and responsibly participate in the tour, as indicated by the guides and staff of THE AGENCY. THE TRAVELER expressly acknowledges having been informed of the “safety instructions,” “guides,” and other documents relevant to the services contracted from THE AGENCY.
Observe rules of conduct and local laws during the course of the tour, respecting regulations related to environmental protection, cultural heritage, safety, and civic coexistence.
Refrain from engaging in activities that could endanger their own safety, the safety of other participants, or that of the guides and tour organizers.
2.5. Modifications and Cancellations.
THE AGENCY reserves the right to modify or cancel the tour at any time due to unforeseen reasons, such as adverse weather conditions, force majeure, or any other circumstance that could compromise the safety and well-being of THE TRAVELER.
In the event that THE AGENCY decides to cancel the tour, it shall offer THE TRAVELER the option of a refund or the possibility to reschedule the tour for an alternative date, as indicated in the general terms and conditions of sale.
2.6. Jurisdiction and Applicable Law.
This contract shall be governed by and interpreted in accordance with the laws of the Republic of Peru. Any doubts or misunderstandings arising from the execution or interpretation of this document shall be resolved by mutual agreement and, only as a last resort, submitted to the local authorities.