Terms & Conditions

Effective July 24, 2019

LEGAL NOTICES:

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

Maniti Expeditions, LLC dba Atahualpa Suites (“Atahualpa Suites”, “we”, “our” or “us”) provides to you this website (“Website” or “Service”) as a public service and for your personal informational, educational and entertainment use. Atahualpa Suites reserves the right to update or modify these Terms and Conditions at any time without prior notice to User.

These Terms and Conditions shall serve as a legally binding Agreement between you and Atahualpa Suites. By agreeing to these Terms and Conditions you are acknowledging that you understand and accept all of the provisions contained herein. All payments made by you, either online or through a representative, are being collected on behalf of Atahualpa Suites and/or one of it’s authorized agent.

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and Atahualpa Suites with respect to the Website. Any rights not expressly granted herein are reserved.

TERM:

The term shall not exceed 30 days. In the event that guest desires to rent the premises for a period in excess of 30 days, Guest and Atahualpa Suites shall enter into a separate written agreement. The check-in shall not be earlier than 2:00 p.m. (local time) on the Arrival Date written below and Guest shall vacate the Premises on or before 11:00 a.m. (local time) on the Ending Date written below (“Rental Term”). Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Atahualpa Suites and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Atahualpa Suites willingly accepts new rent from Guest, which does not constitute past due Rent.

Guest shall jointly and severally pay to Atahualpa Suites the amount provided on the written receipt which shall be separately provided to Guest for the entire Rental Term of the Agreement (the “Rent”).

METHODS OF PAYMENT:

Atahualpa Suites accepts payments with major credit cards; Visa, MasterCard, or AMEX. All taxes and fees are included in the published price. If you are interested in making a wire transfer we have corporate bank accounts in the US & Peru, please contact our office for the bank account number and further instructions.

DISCOUNTS AND PROMOTIONS:

Discounts and promotions are only valid at the time of booking and cannot be applied to already existing reservations. Discounts and promotions cannot be combined with any other offers.

HOLDING YOUR RESERVATION:

We will need a credit card number to confirm your reservation. The reservation is guaranteed with a pre-payment of 100% (non-refundable). Payment can be made with any other major credit/debit card. Without the payment, the reservation will not be confirmed. We’ll send you a confirmation email after you complete your reservation.

AUTHORIZATION AGREEMENT:

By completing payment cardholder authorizes the invoiced amount to be charged to their credit card, in connection with the transaction and agree that a charge-back to the referenced credit card is strictly prohibited and is not an option for disputing the validity of any charge in connection with this agreement. The cardholder’s sole remedy with respect to any dispute shall be pursuant to the terms and conditions set forth in the agreement between the payee and Atahualpa Suites. Cardholder further agrees to indemnify and reimburse Atahualpa Suites promptly for the full authorization amount referenced below in the event they engage in any and all efforts to charge-back the referenced credit card. All monies paid to Atahualpa Suites are non-refundable after 24 hours of booking and/or 7 day[s] prior to the arrival date.

CANCELLATION POLICY:

Travelers have the option to cancel their reservation at any time. Cancellation requests will not be granted via telephone and must be sent via email to info@atahualpasuites.com. Any traveler who voluntarily cancels their reservation with Atahualpa Suites after 24 hours of booking and/or 7 day[s] prior to the arrival date on the reservation will forfeit all monies paid to Atahualpa Suites and will be responsible for paying the remaining balance, if applicable, with no exception. There is a strict no-show policy enforced by Atahualpa Suites. All no shows will automatically forfeit all monies paid to Atahualpa Suites and the remaining balance, if applicable, will be charged to the credit card on file and under no circumstances a refund be granted. Atahualpa Suites is not responsible for any incidental expenses or consequential losses that are incurred as a result of the canceled booking such as, but not limited to, non-refundable plane tickets, sickness, personal injury, family emergency, etc.

MODIFYING YOUR RESERVATION:

Any changes to this reservation regarding dates or property selection must be requested in writing at least 90 days prior to the Arrival Date. Any other changes must be requested in writing at least seven (7) days prior to the Arrival Date. Changes include changes to the Rental Term, early check-in request, number of occupants, etc. Please note that a change in the length or dates of your reservation may result in a rate change.

DISPUTES:

Atahualpa Suites is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting us via email

In the event of a dispute with the credit card company in connection to the referenced credit card cardholder agrees to indemnify and reimburse Atahualpa Suites promptly for the full authorization amount referenced in the reservation. All deposits made to Atahualpa Suites are non-refundable after 24 hours of booking and/or 7 day[s] prior to the arrival date on the reservation will forfeit all monies paid to Atahualpa Suites and will be responsible for paying the remaining balance, if applicable, with no exception.

OUR PUBLISHED RATES:

Atahualpa Suites’ prices are based on current rates of exchange at the time of publishing of catalog. Changes in our rates are rare and caused by extraordinary circumstances outside Atahualpa Suites’ control. In the rare event that a rate should increase, we will honor the rate that is published. All prices are in US Dollars (USD). All prices are subject to change at any time at our discretion.

CLEANING FEE:

Accommodations will be cleaned prior to check-in. Bed and bath linens and a starter supply of amenities are provided. Additional cleaning service is available upon request for an additional charge. If upon the Ending Date Atahualpa Suites determines that the premises require cleaning beyond what is normal and customary, the guest shall pay the additional associated expenses.

DAMAGE INSURANCE:

A damage protection deposit is required for all reservations. The damage insurance is mandatory, and it will be fully refunded to you after check-out and inspection if no damages have been done to the property and/or its furniture. The pre-authorization is due 1 day before arrival and released 2 days after departure.

LOST KEYS:

The loss of keys will have an additional cost of $ 100 for replacement and displacement.

SIGHT UNSEEN:

The Premises is individually owned and furnished. Atahualpa Suites makes a sincere effort to accommodate its guests, but no refunds or adjustments will be made in the event that Guest determines that the décor or furnishings are unacceptable to their unique tastes and preferences.

CONDITION AND USE OF PREMISES:

The Premises shall be used and occupied solely by Guest and the number of occupants identified in this Agreement, exclusively, as a private single- family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall not allow any other person, to use or occupy the Premises without first obtaining Atahualpa Suites’ written consent to such use. Guest shall comply with any and all laws, ordinances, rules and orders of any and all governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. The Premises is provided in “as is” condition. Atahualpa Suites shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite or cable TV access as applicable. Atahualpa Suites shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as kitchen appliances, electronics, patios, and the like (“Amenities”) may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. If children use or are near the Amenities, such children will be supervised by an adult at all times.

Guest shall use the Premises for residential purposes only, and in a careful manner to prevent any damage or loss to the Premises and shall keep the Premises in a clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises. Guest shall make no alterations to the buildings or improvements on the Premises, or construct any buildings, or make any other improvements on the Premises. Guest shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire, or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company. Atahualpa Suites manages privately owned vacation homes which are furnished to Atahualpa Suites’ tastes, but no two properties are the same. Rates, descriptions, bed sizes, inventories, and furnishings are subject to change without notice. Atahualpa Suites has no obligation to provide replacements, nor to give refunds for failure or absence of any items.

MAINTENANCE:

In the event of equipment, appliances, or utilities’ malfunction during the guest’s stay, Atahualpa Suites will expedite repairs. Guest should call Atahualpa Suites as soon as it becomes aware of any problem – most issues can be taken care of quickly. Property or Guest Amenities: All efforts will be made to accommodate property amenities or guest amenities which are expressly advertised or offered in writing. However, under no circumstances can Atahualpa Suites guarantee or warrant any one property amenity or guest amenity. Please report any issues with property amenities or guest amenities immediately to our office.

UTILITIES:

No compensation will be given for temporary outage of electricity, gas, water, cable, satellite, or telephone service. Utility service outages should be reported immediately and all efforts will be made to have them restored as soon as possible. In the event an outage cannot be restored, Atahualpa Suites has the right to substitute rental properties (see Right to Change Rental Assignments below) for the remainder of the reservation or until the utilities are fully restored, whichever occurs first.

RIGHT TO CHANGE RENTAL ACCOMMODATIONS (SUBSTITUTION):

Atahualpa Suites reserves the right to substitute comparable accommodations without prior notice or liability, in the event of a sale of the Premises, or if the Premises becomes unavailable due to maintenance or other problems. Atahualpa Suites cannot absolutely guarantee a specific rental property in the event of unforeseen circumstances which could render the Premises to be unsafe or uninhabitable. Atahualpa Suites will make every effort to contact Guest should this happen.

SUBLETTING PROHIBITED:

Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without the prior written Atahualpa Suites’ express written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of Atahualpa Suites, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at Atahualpa Suites’ option, terminate this Agreement.

ALTERATIONS AND IMPROVEMENTS:

Guest shall make no alterations to the buildings or improvements on the Premises.

HAZARDOUS MATERIALS:

Guest shall not bring or keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.

RULES AND REGULATIONS:

Guest agrees to comply with all rules and regulations established by Atahualpa Suites’ regulation of the use of the Premises during the Term hereof.

Without limiting the generality of the foregoing, Guest shall:

HOUSE PARTIES/LARGE GATHERINGS:

House parties and large gatherings exceeding maximum occupancy are prohibited and may result in the immediate termination of this Agreement, and Guest’s immediate removal.

ARRIVAL/DEPARTURE:

Check-in time is after 2:00 p.m. (Local time) on the Arrival Date. Check-out time is before 11:00 a.m. (local time) on the Ending Date. Due to occupancy and maintenance requirements, exceptions to the arrival and departure times are generally not possible. All requests for early arrival and or late departure must be made in writing and written authorization must be obtained at least 24 hours in advance.

LATE CHECK-OUT:

Check out time is 11:00 a.m. (local time) on the Ending Date. The Premises is expected to be available for our cleaning crew by the check-out time unless the Guest has received authorization in writing for a late check-out and has agreed to pay the associated late check-out fee. The Guest agrees to pay and will be charged $100.00 or actual damages, whichever is greater, if the cleaning crew is not able to start cleaning the Premises as a result of the Guest’s unauthorized, hold-over occupancy of the Premises.

The money will be charged to the security deposit authorization on file for the Guest. Guest’s Hold Over: If Guest remains in possession of the Premises with the express written consent of Atahualpa Suites, after the Ending Date, Guest shall pay 1.5 times the Rent on a per diem basis, for each day Guest occupies the Premises beyond the Rental Term.

SURRENDER OF PREMISES:

Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as they were at the Beginning Date of this Agreement. Atahualpa Suites shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Atahualpa Suites may dispose of all such personal property in any manner Atahualpa Suites shall deem proper and Atahualpa Suites is hereby relieved of all liability for doing so.

OCCUPANCY:

Only those individuals who are expressly listed above may occupy the Premises. Authorization for additional guests must be requested in advance and will not be authorized if it causes the Premises’ maximum capacity for individuals to be exceeded.

MAXIMUM OCCUPANCY:

Guest agrees to comply with local laws and local zoning ordinances, including but not limited to, occupancy restrictions. Further, there is both a household occupancy limitation and a bed configuration limitation. Groups consisting entirely of adult individuals (non-couples) are subject to a maximum occupancy which equals the number of permanent beds in the property. Single beds are subject to a maximum of one individual. Queen and King sized beds may only be occupied by a single individual, an adult couple, an adult and a child (under five (5) years of age), or two children under five (5) years of age.

PROPERTY DAMAGE:

The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Atahualpa Suites will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest during its occupancy.

ACCESS:

Atahualpa Suites and its agents shall have the right, during the Term of this Agreement and any renewal thereof, to enter the Premises for the following purposes:

PETS:

Pets are not permitted without prior written approval and addition pet fee and pet deposit.

SMOKING:

Smoking is strictly prohibited inside the Premises. Smoking is only allowed outside on the patios and yards. An automatic $200.00 USD charge against the Guest’s security deposit authorization will be accessed if it is determined that anyone smoked inside the Premises. Atahualpa Suites will have the final determining authority with respect to all aspects of this provision of the Agreement.

TOILET BLOCKAGES:

All toilets are checked to ensure proper functioning prior to check-in. Blockages can occur if too much toilet paper, tampons, or sanitary napkins are put into the toilets. If a service call is required to clear a toilet blockage, Guest will be charged the costs associated with clearing the blockage. The minimum service call fee is $25 USD for toilet blockages. The minimum service call on weekends and holidays is $100.

QUIET HOURS:

Between the hours of 9:00 p.m. (local time) and 8:00 a.m. (local time). Quiet Hours exist and are strictly enforced. Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Any occupant or Guest violating this provision of the terms and conditions will be asked to leave immediately. If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest.

BEHAVIOR:

The Guest agrees to be responsible for the actions of themselves, other occupants and temporary guests. The Guest agrees to act with decorum and civility at all times and to be responsible for the actions of the Guest’s guests and other occupants with respect to this requirement. The Guest understands and accepts that Atahualpa Suites retains sole discretion and may terminate the Guest’s occupancy of the Premises if Atahualpa Suites determines that either the Guest or any member of the Guest’s group has acted inappropriately. In the event that the Guest’s occupancy is terminated due to inappropriate behavior, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful damage to the property; occupancy by persons not disclosed on the Guest data form; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home.

CRIME-FREE PROVISION:

Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, Book My Vacay or its representatives, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT AND SURRENDER OF POSSESSION.

HOME SECURITY:

It is the responsibility of every guest to securely lock the Premises when they are not at the home. This requirement includes all of the Premises’ doors (including the garage door) and windows, and it also applies to the check-out date.

INTERNATIONAL TRAVEL:

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Atahualpa Suites has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

LIMIT OF LIABILITY:

In no instance or circumstance will Atahualpa Suites, its agent, or affiliated representative be liable for more than the total amount paid by the Guest.

LIMITS ON RESPONSIBILITIES:

Maniti Expeditions, LLC dba Atahualpa Suites and its affiliates, owners, officers, agents, employees, contractors and subcontractors (hereafter in this paragraph “Atahualpa Suites” purchase from various independent suppliers that are not subject to its control. Neither Atahualpa Suites, 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 Atahualpa Suites, 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, Atahualpa Suites 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 Atahualpa Suites. 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 vacations 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. Atahualpa Suites 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. Atahualpa Suites will not discriminate against any individual because of age, race, sex, or nationality. In no event will Atahualpa Suites be responsible for incidental, consequential or special damage or loss suffered by any person. Atahualpa Suites maximum liability, for any reason whatsoever, will be limited to the amount paid to Atahualpa Suites for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, Atahualpa Suites 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 Atahualpa Suites 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. Atahualpa Suites 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.

 

ACKNOWLEDGMENT OF RISK:

You understand and acknowledge that your travel in connection with and participation in the travel package arranged at your request by Atahualpa Suites 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 Atahualpa Suites, or the negligence or participation of other participants, contractors and/or subcontractors to Atahualpa Suites. 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. You take full responsibility for the risks mentioned above and are agreeing not to hold Atahualpa Suites, nor any associate organization, agent, employee, contractor or subcontractor liable for any act.

 

RISK OF LOSS AND INDEMNIFICATION:

Atahualpa Suites shall not be liable for any damage or injury to the Guest, Guest’s family, guests, invitees, or their respective property arising out of this Agreement or the use and occupancy of the Premises by Guest or Guest’s invitees. Guest shall indemnify, defend and hold Atahualpa Suites harmless for, from and against any and all claims, liabilities, damages, attorneys’ fees, court costs or assertions of every kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Atahualpa Suites. Guest agrees that all personal property, furnishings, personal affects, and other items brought into the Premises by Guest, or their permitted guests and visitors, shall be at the sole risk of Guest with regard to any theft, damage, destruction, or other loss, and Rental Agents shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify, defend and hold harmless Atahualpa Suites and its agents, Rental Agents, successors, employees, and contractors from and against any costs, damages, liabilities, claims, legal fees, and other actions for any damages, costs, attorneys’ fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest, due to any claims relating to destruction of property or injury to persons, or loss of life sustained by Guest or family and visitors of Guest, in or about the Premises, and Guest expressly agrees to save and hold Atahualpa Suites harmless in all such cases. Guest hereby waives and releases any claims against Atahualpa Suites, the Rental Agent and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Premises, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

 

RELEASE OF LIABILITY:

In consideration of the services and arrangements provided by Atahualpa Suites you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Atahualpa Suites 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 Atahualpa Suites.

 

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 Atahualpa Suites, its owners, officers, directors, agents, contractors, subcontractors, and employees, for any reason whatsoever. In consideration of participating in my tour & 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 Atahualpa Suites, 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 tour AND/OR expedition with Atahualpa Suites.

DOCUMENTS:

The passengers must carry with themselves a passport or travel document depending on their nationality, according to local law.

RESPONSIBILITIES & OBLIGATIONS:

Atahualpa Suites is responsible for providing all the services and accommodations exactly as advertised. In case of natural disasters, severe weather or any other acts of nature, Atahualpa Suites is not responsible for the services not provided. We maintain the right to change and/or re-schedule services that we deem appropriate or necessary. If for any reason the transportation chosen by the passenger (bus, flight, train, etc) does not arrive to destination at the date and hour programmed to start the program, Atahualpa Suites denies all responsibility for not providing the tour or package services. These services will not be reprogrammed. Atahualpa Suites will provide services only from the portion considered after the arrival of passengers. The portion of the program lost, for this reason, is not refundable. Atahualpa Suites is not responsible for loss, damage or injury related to services or accommodations provided by third parties. We reserve the right to make changes in any itinerary in the event it becomes necessary to ensure the safety, comfort or well-being of the passenger. Such change will be made without penalty.

DEFAULT:

If Guest fails to comply with any of the material provisions of this Agreement, Atahualpa Suites may, at its option, declare the entire balance of Rent payable hereunder for the remainder of the Rental Term to be immediately due and payable, and may exercise any and all rights and remedies available to Atahualpa Suites at law or in equity, or may immediately terminate this Agreement. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Premises, remove all Guest’s property and belongings and leave the premises in good order and free of damage. No refund of any portion of the Rent or Deposit shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, attorneys’ fees and collection costs. In the event Guest violates the Condition and Use of Premises above, or law enforcement visits the Premises, Atahualpa Suites may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Property and remove Guest’s property and belongings and leave the Premises in good order and free of damage in an expeditious manner.

In addition to the above remedies, in the event that Guest breaches this Agreement, Atahualpa Suites may perform a non-judicial lockout of the Premises and retake possession.

MAIL DELIVERY:

Guest is expressly prohibited from receiving Postal Service delivery to the Premises address.

AIRBNB, TRIP ADVISOR, BETTER BUSINESS BUREAU AND OTHER ONLINE 3RD PARTY WEBSITES:

Guest is advised that the publication of any derogatory comments concerning Atahualpa Suites and the Premises may subject Guest to civil liability for defamation, slander, or liable. Atahualpa Suites prides itself on its reputation and will defend its legal rights and reputation to the fullest extent of the law.

INDEMNIFICATION:

You agree to defend and indemnify Atahualpa Suites and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

FINAL CLAUSE:

These conditions and the terms related to the dates of occupancy and the rate applied to those dates of occupancy represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect, unless the changes are expressly agreed to by the parties. The travel agent and/or client automatically declares to know and to accept the terms of the Atahualpa Suites TERMS & CONDITIONS and in no case, will be able to allege ignorance.