Terms and conditions
I. Introduction
Machu Picchu Peru Tours is firmly committed to respecting and complying with all applicable legal and regulatory provisions. It also understands that personal data, being an integral part of people’s privacy and essential for our business, must be treated in a way that not only complies with legal requirements but also creates an atmosphere of trust and security among the public regarding such processing.
II. Objective
The purpose of this Policy is to inform the public of our commitment to the protection of their personal data, as well as the guidelines under which we process such data in the course of our commercial activities, the purpose for which we do so, and the procedures for data subjects to exercise the rights provided for in the Personal Data Protection Regulations.
III. Scope
This Policy applies to all personal data processing activities carried out by Machu Picchu Peru Tours. It also applies to individuals or companies to which Machu Picchu Peru Tours requires the processing of personal data for which it is responsible.
IV. Definitions
The terms used in this policy with initial capital letters are:
- Personal Data Protection Law: Law 29733 and its amendments.
- Regulation of the Personal Data Protection Law: Supreme Decree No. 003-2013-JUS and its amendments.
- Personal Data Bank: An organized set of personal data, whether automated or not, regardless of the medium, whether physical, magnetic, digital, optical, or others that may be created, in any form or modality of its creation, formation, storage, organization, and access.
- Sensitive Data: Personal data consisting of biometric data that can identify the data subject by themselves, data related to racial and ethnic origin; economic income, political, religious, philosophical, or moral opinions or beliefs; union membership; and information related to health or sexual life.
- Person in charge of the personal data bank: Any natural person, private legal entity, or public entity that, alone or jointly with another, processes personal data on behalf of the data subject of the personal data bank.
- Personal Data Protection Regulations: Refers to the Personal Data Protection Law, the Regulation of the Personal Data Protection Law, and their amendments and complementary regulations.
- Data Subject: A natural person to whom personal data pertains.
- Data Subject of the personal data bank: A natural person, private legal entity, or public entity that determines the purpose and content of the personal data bank, the processing of such data, and the security measures.
- Transfer of Personal Data: Any transmission, supply, or manifestation of personal data, whether national or international, to a private legal entity, public entity, or natural person other than the data subject of the personal data.
- Processing of Personal Data: Any operation or technical procedure, whether automated or not, that allows the collection, recording, organization, storage, preservation, elaboration, modification, extraction, consultation, use, blocking, deletion, communication by transfer or dissemination, or any other form of processing that facilitates access, correlation, or interconnection of personal data.
- ARCO Rights: Rights held by any natural person as the data subject of personal data.
- ARCO Rights Exercise Request: A request for access, rectification, updating, inclusion, cancellation, suppression, or opposition made by the data subject regarding their information.
- Consent of the data subject: Any free, specific, informed, and unequivocal expression of will by the data subject accepting, either through a statement or clear affirmative action, the processing of personal data concerning them.
- Communication Channels: Physical mail, email, text messages (SMS and/or MMS), digital media such as Facebook, or “WhatsApp” or other similar platforms, mobile phone number, or any communication medium provided by the Data Subject to Machu Picchu Peru Tours.
V. Guiding Principles
Machu Picchu Peru Tours is committed to adhering to the guiding principles established in the Personal Data Protection Regulations. These are:
Legality Principle: The processing of personal data is carried out in accordance with the law, and the collection of personal data by fraudulent, unfair, or illegal means is prohibited.
Consent Principle: The processing of personal data requires the consent of the data subject, unless one of the exceptions provided by the law applies. The consent must meet the requirements of being freely given, prior to collection or processing, explicit, and unequivocal, as well as informed.
Purpose Principle: Personal data must be collected for a specific, explicit, and lawful purpose. Their processing must not extend to a purpose other than that for which they were collected, except for scientific, historical, or statistical activities.
Proportionality Principle: The processing of personal data must be adequate, relevant, and not excessive for the purpose for which they were collected.
Quality Principle: Personal data to be processed must be truthful, accurate, and, as far as possible, up-to-date, necessary, relevant, and adequate for the purpose for which they were collected.
Security Principle: The controller of the personal data bank and the processor must adopt the necessary technical, organizational, and legal measures to ensure the security of personal data.
Recourse Principle: The data subject must have the necessary administrative or jurisdictional means to claim and enforce their rights when these are violated by the processing of their personal data.
Adequate Protection Level Principle: For the cross-border flow of personal data, a sufficient level of protection must be guaranteed for the personal data to be processed, or at least equivalent to that provided by the Personal Data Protection Law or international standards in the field.
VI. Purpose of the Processing of Personal Data
Machu Picchu Peru Tours carries out the processing of personal data of collaborators, clients and potential clients, suppliers, employees and other people that make up its stakeholders, in accordance with the purposes authorized by each of them in the consents they have granted to Machu Picchu. Peru Tours, with the exceptions to the requirement to obtain consent provided for by the Personal Data Protection Regulations.
Machu Picchu Peru Tours informs that it will process personal data, among others, for the following general purposes:
To comply with the obligations generated by the contractual and non-contractual links generated with the owner of personal data.
- Communicate to your stakeholders commercial information about your business activity, your goods and services, according to the consent obtained from the Holder of personal data.
- Update or suspend the personal data record when its inaccuracy, omission, error, falsehood is identified or when the term of its agreed purpose has expired.
- Ensure the correct storage and purpose of personal data, through organizational, technical and legal measures.
- Comply with your legal obligations as an employer, assuming the principles and obligations declared in the Personal Data Protection Law.
- Carry out follow-up and monitoring for security risk management purposes through its video surveillance devices, biometric registration, and others that are available.
- Carry out due diligence and business risk management activities, if an inspection procedure is required if acts against the Personal Data Protection Law are incurred.
- Provide Personal Data to third parties, in Peru or abroad, with whom Machu Picchu Peru Tours has a contractual relationship and it is necessary to deliver it to them for the fulfillment of the contracted object. The cross-border flow of data can only be carried out if the recipient country has the levels of data protection required in accordance with the Personal Data Protection Law.
- Develop commercial actions or post-sales services, of a general nature or directed personally to the Owner, aimed at improving their experience as a customer through the various communication channels.
- Keep the Owner of Personal Data informed, through the Communication Channels, about the delivery process and status of the orders placed.
The processing of personal data for the above purposes, and for any other lawful purpose other than those mentioned above, is duly informed to the Holders of personal data, requiring specific authorization according to the corresponding public of interest, in compliance with the principle of consent. with the exceptions provided for in the Personal Data Protection Regulations.
VII. Consent
Machu Picchu Peru Tours will require the free, prior, express, unequivocal and informed consent of the owner of the personal data for the processing thereof, except in the exceptional cases expressly established by article 18 of the Personal Data Protection Law.
Machu Picchu Peru Tours will not require consent to process your personal data obtained from sources accessible to the public, free or not, for the use for which they were made accessible to the public; Likewise, you may process your personal data from non-public sources, provided that these sources have your consent to process and transfer said personal data.
VIII. Derechos de los Titulares
In accordance with the Personal Data Protection Regulations, holders of personal data have the following rights:
- Right of Access and information:
As a consequence of the right of access, the owner of personal data has the right to obtain the information about himself that is subject to processing in data banks owned by Machu Picchu Peru Tours, the way in which his data was collected, the reasons motivated their compilation, the transfers made, or to whom they are planned to be made, among others. The right to information, for its part, grants the owner the right to know prior to the collection of their data, the purpose for which their data will be processed, the existence of the data bank in which they will be stored, the identity and address of the owner of the data bank and those in charge of processing, if the transfer of personal data will occur and to whom, the conservation time, among others. - Right to rectification, update and inclusion:
The owner of personal data has the right to update, include and rectify his or her personal data subject to processing by Machu Picchu Peru Tours when they are partially or totally inaccurate, incomplete or when it has been warned. omission, error or falsehood. - Right of Cancellation or Deletion:
The owner of personal data may request the cancellation or deletion of his or her personal data not related to or necessary for the execution of the obligations of Machu Picchu Peru Tours provided for in the signed contracts or those provided for by current regulations. . - Right to prevent provision:
The owner of personal data has the right to prevent his or her personal data from being provided, especially when the provision affects his or her fundamental rights, unless the provision is executed between the owner of the personal data bank and a person in charge of the bank. of personal data, for the purposes of its processing. - Right to Oppose:
The owner of personal data may object to the processing of his or her personal data at any time. The opposition will proceed to the extent that the treatment has no contractual or legal justification. - Right of revocation:
The owner of personal data may withdraw the consent previously granted at any time. The revocation will not cover the uses and/or treatments that can be carried out in the scenarios authorized by the regulation. - Right to objective processing:
The owner of personal data has the right not to be affected by a decision that is based solely on a processing of personal data intended to evaluate certain aspects of his or her personality or behavior, unless this occurs within the framework of a contract. or in cases of evaluation for the purposes of incorporation into a public entity, in accordance with the law, without prejudice to the possibility of defending your point of view, to safeguard your legitimate interest. - Right to protection:
In the event that the owner or person in charge of the personal data bank denies the owner of personal data, totally or partially, the exercise of the rights established in this Law, he or she may appeal to the National Data Protection Authority. Personal Data in the process of claim or to the Judiciary for the purposes of the corresponding habeas data action. - Right to be compensated:
The owner of personal data who is affected as a result of non-compliance with this Law by the owner or by the person in charge of the personal data bank or by third parties, has the right to obtain the corresponding compensation, in accordance with the law. - Procedure for the exercise of the rights of the Owner of Personal Data
The Owners may revoke their consent or exercise their legal rights by contacting the email info@machupicchuperutours.com indicating their full name, ID and attaching a copy of said ID. In the event that the owner of the personal data requires to exercise his or her rights through a representative, he or she must send a power of attorney legalized by a notary public that authorizes him or her as such and his or her identification document.
IX. Term of Personal Data Processing
The personal data processed by Machu Picchu Peru Tours will be stored for the time necessary to fulfill the specific processing purposes authorized by the owner, without prejudice to the owner being able to exercise the rights mentioned in section XI of this policy at any time. Likewise, Machu Picchu Peru Tours guarantees the security and confidentiality of personal data in a time frame useful to carry out the purpose agreed upon by mutual agreement.
X. Security of Personal Data
In compliance with current regulations, Machu Picchu Peru Tours adopts the appropriate legal, organizational and technical measures to guarantee the security of personal data, avoiding its alteration, loss, improper treatment or unauthorized access.
For this purpose, it makes available all the necessary human and technological resources, applying them in proportion to the nature of the stored data and the risks faced by Machu Picchu Peru Tours will only process personal data that is stored in repositories that gather the security conditions required by current regulations on the protection of personal data.
XI. Cookies
At Machu Picchu Peru Tours we use cookies and similar technologies to personalize and improve your customer experience and to show you relevant online advertising. Cookies are small text files that contain a unique identifier that is stored on the computer or mobile device through which you access the Site, so that they can be recognized each time you use the Site.
You can disable the use of cookies depending on your browser settings. In this regard, you can contact us at info@machupicchuperutours.com. Please note that there are some technical cookies that, if disabled, could even prevent the website from functioning correctly.
XII. Modifications
If any change or modification of this Policy occurs, the current text thereof will be published on our web portal: Machu Picchu Peru Tours in the Privacy Policies section.
Reservation Policies:
Terms and Conditions for Booking, the Peruvian system of services and products are sometimes different from those of your country of origin. We suggest that you read the following carefully:
In Peru we operate in regions where standards of accommodation, transportation and services may not be what you would normally expect. However, we strive with all diligence and skill to provide the best services for our tourists. Traveling in Peru requires flexibility, patience, an open mind, a good sense of humor, and the understanding that changes can be made without notice due to circumstances beyond our control. By booking any of our trips you agree to the necessary changes.
Terms and Conditions
Thank you for choosing MACHU PICCHU PERU TOURS Travel Agency & Tour Operator, we ask that you read the following travel terms and conditions to establish the guidelines with which we work within. Once we have received your application and deposit we will sign a contract, under the following conditions.
Reservations – Confirmations:
MACHU PICCHU PERU TOURS Travel Agency & Tour Operator requires the following information to continue with your reservation and confirmation of your vacation. Please note that this information is strictly confidential; MACHU PICCHU PERU TOURS will not make it public, except in cases where this information is necessary to safeguard your personal safety and health (such as allergies, medications, medical treatments, dietary restrictions, etc.)
Needed information:
- Full name (as it appears on your passport).
- Passport number.
- Occupation.
- Dietary restrictions.
- Medicinal restrictions.
- The alergies.
- Address, email, home phone number and emergency contact number.
- We will send you a form to be completed with the above information.
Payments and Deposits
- After making your reservation, MACHU PICCHU PERU TOURS Travel Agency & Tour Operator will send you a response confirming your trip, which guarantees that the services will be provided as requested.
- We ask for an initial deposit of 50% of the total program price, after sending confirmation. This deposit is non-refundable if you cancel your trip. The balance of 50% must be paid 1 day before starting the tour or excursion you booked with us.
- All confirmed reservations are subject to a non-refundable fee. Our system acts as an intermediary between tourist service companies and passengers for the reservation process and payment for services. To facilitate the reservation process for tourist services we have commercial agreements with various companies who manage their own reservation and payment systems such as hotels, tour operators, airlines, trains and buses through MACHU PICCHU PERU TOURS .
- It is strictly prohibited to use the System for activities that involve infringing or violating the laws of Peru or the place in which the services provided through it are used.
- If reservations are made less than 30 days before the start of your tour/excursion, MACHU PICCHU PERU TOURS will coordinate and inform you if there is all the availability of income, train tickets with the aim of making the reservation satisfactory and in that way not have a single problem or setback during your stay in Cusco.
- Payment must be made via Paypal to the MACHU PICCHU PERU TOURS email: info@machupicchuperutours.com
- MACHU PICCHU PERU TOURS will not assume bank charges incurred for money orders or deposits, which must be paid in the country of origin.
Cancellations:
MACHU PICCHU PERU TOURS Travel Agency & Tour Operator reserves the right to cancel any trip in the following cases:
- If the client does not pay the full balance of their trip 15 days before arrival, there is no refund of the deposit paid Events beyond our control that make the operation of our circuits impossible (strikes, protests, cancellation of flights, conditions weather, overbooking of hotels and airlines). In this situation, we will suggest possible solutions and try to operate the planned program. Any additional expenses incurred in this situation will not be covered by MACHU PICCHU PERU TOURS .
- If you cancel your trip, you must notify us in writing, keeping in mind that the deposit required at the time of confirmation is non-refundable. The cancellation must be sent in writing explaining the reason for the cancellation.
- If you wish to change the date of your travel itinerary, you will have a penalty according to the factors that require it (additional expenses for rescheduling the dates of tickets and admissions; as well as the change of dates of accommodation reservations). in Cusco and Aguas Calientes)
Included services:
MACHU PICCHU PERU TOURS includes the services detailed in each of its programs and is committed to delivering completely.
- If your trip includes accommodation, breakfast included (which varies depending on the hotel standard). Accommodation prices do not include the 18% tax applicable to Peruvian residents. You must show your passport and your original immigration card (given when entering the country) when you check in at the hotel, or the tax may be added to your bill by the hotel.
Services that are not included:
- Airport tax (national and international).
- Airline tickets are not included, whether national or international flights.
- Excess baggage fees.
- Unplanned visits and activities.
- Tips (optional) for staff.
- Travel insurance.
- Extra expenses incurred for reasons not related to MACHU PICCHU PERU TOURS operations .
Insurance – travel risks:
- Many of the excursions offered by MACHU PICCHU PERU TOURS require good physical condition and good health: please read the instructions carefully for each program, including certain potential risks during the program (injuries, accidents, paralysis, death).
- We must understand that these possible risks are part of this type of activity, so we suggest that you take the necessary precautions when choosing your trip. You must be sure of your limitations and take into account your physical condition and general health, as when you participate in one of our trips you are accepting that the mentioned risks exist, and that MACHU PICCHU PERU TOURS excludes any liability related to the condition of each hiker.
- For this reason we ask that you always provide us with complete information about your physical condition, general health and medical and dietary conditions.
- MACHU PICCHU PERU TOURS is committed to providing first aid when necessary, as our guides are trained in first aid and have the necessary equipment, but it is important to understand that this is not just medical first aid.
- Our guides, along with the hikers, will decide when it is necessary to evacuate, which MACHU PICCHU PERU TOURS will organize in the best possible way to safeguard your physical well-being.
- Expenses incurred for the evacuation, such as transportation, extra accommodations, hospital bills, medical fees, program changes and additional expenses apart from the evacuation itself, will be covered by the same passenger or visitor.
- Please complete the physical and mental health form completely and carefully so that we have the best possible information about you.
- We recommend that you take out an insurance policy that covers accidents, damages, emergency evacuation, lost luggage, itinerary changes, and missed connections. Ask about our offers.
- All additional expenses resulting from changes or modifications in the program due to external causes, such as: flight delays and cancellations, illness, delays due to bad weather, strikes, natural disasters, or any other cause unrelated to our operations , will be covered by the visitor.
- MACHU PICCHU PERU TOURS can provide the necessary documents for you to make a claim with your insurance company, when it is possible for them to obtain them from our service providers.
Responsibilities:
- MACHU PICCHU PERU TOURS operates its tours directly and also contracts the services of Operators according to the type of service you provide. requested, staffed and trained to ensure successful completion. Also subcontract accommodation, restaurants, airlines and other third-party services that have been previously approved. These service providers are independent, and MACHU PICCHU PERU TOURS Company EIRL has no direct control over them.
- MACHU PICCHU PERU TOURS is not responsible for problems caused by these suppliers, such as loss of luggage, delays, damages, etc., but can intervene to support clients.
- Payment for your program reservation implies acceptance of the detailed terms and conditions and covers our services and all participants in them.
Sincerely.
Julio Cesar Chacon Carreño
CEO of MACHU PICCHU PERU TOURS Group
