Terms and Conditions

Terms and Conditions

1 Area of application of the General Terms and Conditions

(1) The operator of this webpage is Wayna Perú S.A.C.

(2) Wayna Perú S.A.C.(hereinafter ”Exploor”) is an intermediate which offers activities and tours (hereinafter ”Experiences”) on its webpage. Once bought an Experience, the End User receives a confirmation e-mail with the respective confirmation code for his order which allows the holder to make use of the Experience offered by tour operators of services and/or products (hereinafter ”Clients”).

The term “End User” represents the person who buys the Experience by making use of the online platform of Exploor. The Experiences represent activities and tours of the categories adventure, arts and culture, gastronomy and tours and range from 15 minutes to various days. The services, which are offered on this platform are only available to those persons who may enter into legally binding contracts in accordance with what is established by the applicable law. By accessing the web platform www.exploorperu.com / www.exploor.pe you claim to be over 16 years of age and that you are entitled to assume binding obligations with respect to any type of liability that may arise from your use of this platform.
Each type of service offered on the Exploor web platform adheres to the regulations of the following terms and conditions:

 

2 The Products of Exploor and the Definition of Service

(1) Up to this point, Exploor is an intermediary between the End User and the Experiences published on the website www.exploorperu.com. These experiences can be used for (i) personal use; or (ii) as a gift for another person.

(2) Each confirmation code is unique and is issued individually for a date not yet determined that gives the owner the right to claim certain service(s): 

  1. From the Customer selected by the End User during the purchase process.
    2. From the Customer selected by the End User after the purchase process, in the case of an offer that includes a combination of Experiences of a category or a gift card, without any specification of a concrete experience. 

(3) The services of such Customers that collaborate with Exploor can be found on this website in the form of Experience pages that include photos, a description or an itinerary and additional detailed information of each Experience. 

(4) Exploor offers the experiences of Clients only as a mediator in order to promote them through its web platform, so Exploor is not responsible for the level of service or any damage that occurs during the Experience. After the purchase, the End User receives an electronic confirmation containing the corresponding code of the Purchased Experience. The Client also receives an email with information from the End User so that he can identify the code and make the reservation with it. Exploor does not offer its own Experiences and only works as mediator of Experiences, promoting them on its web platform.

 

3 Discounts, Discount Campaigns and Promotion Coupons

(1) Discount promotions allow the purchase of selected Experiences at reduced prices.


2) To make use of this type of discounts, the End User must insert the code during the checkout in the corresponding form.


(3) Discount codes are only valid for a specific group of Experiences or categories at a specific time. The time range and the group to which the discount is attached are mentioned in the terms and conditions of the specific Experience. These are found on the website where the discount code can be inserted.


4) In case the End User has several discount codes from different campaigns it will not be possible to combine them with other codes or discount campaigns. Each code can only be used once and only for one campaign. Exploor retains the right to refuse such End User requests and only accepts the discount codes under the terms and conditions set forth herein. One discount code can be redeemed for a single Experience.


(5) It is not possible to exchange a discount code with a cash payment or convert several discount codes in the purchase of an activity.


(6) Discount codes have a limited validity and a minimum order value specified in the terms and conditions that are accessible on the website where the discount code can be inserted.

 

4 Reservation, Cancellation y Refund of Experiences

(1) The Experience entitles the End User to perform the activity in case the End User meets the Client's requirements (for example, physical fitness, age, time, etc.) described on the website.

(2) The reservation of an Experience recommended on the web platform of Exploor must be done with the minimum time specified on the related Experience page under the "Terms of Reservation" section. The time to make the reservation by the End User may vary and depends on each Client. We recommend booking and planning more than two weeks in advance during holidays and weekends. The minimum time indicated in the "Terms of Reservation" on the page of each Experience only serves as an indicator and does not guarantee any fixed reservation. All Experiences are subject to the Clients availability. For a better and easier coordination we recommend the usage of the calendar that is integrated for every Experience on the website of the Experience.

The End User can reserve the date and time of the Experience with the calendar online on the page of the Experience. In case the payment was made by credit card, the End User will receive the payment confirmation email automatically after the order mail. If the payment was made by bank deposit, the End User will receive this email when Exploor confirms the receipt of the payment, made manually by the End User. Each activity has a PDF containing the Client's contact information, which the End User can access with the link attached in the confirmation email payment. In case you buy more than one Experience, you will receive a PDF for each one. Booking the date is the responsibility of the End User. Exploor assumes no responsibility during this process. During the booking process the End User must provide their confirmation code and personal information to the Client. The End User must bring the confirmation code the day he performs the Experience with the Client. It is possible to present the code in printed or digital version on the cell phone (mobile). In the event that the Experience does not require any prior reservation, the End User does not have to contact the Client before doing the experience but is equally obliged to present the confirmation code on the day of the Client.

In case the End User does not receive a reservation confirmation by the Client to the corresponding Experience, it is recommended to the End User to not make any reservation of means of transportation and accommodation. Exploor assumes no responsibility for the organization and Client's requirements of the Experience neither his or her behavior or communication complications in between the Client and the End User. The End User has to adhere to the requirements to be able to make use of the Experience. 

(3) In case the description of the Experience web page does not mention the inclusion of any transportation- and / or accommodation service, those are not included and must be coordinated and paid by the End User. The End User has no right to claim any compensation or reimbursement for any additional expenses incurred, neither from the Client nor from Exploor.

(4) In case the End User does not appear on the date and time of the Reserved Experience, and without prior cancellation (in accordance with the Client's cancellation terms mentioned on the Experience webpage), the code used for this experience as well as the right to perform the Experience expire without any claim, refund, interest or penalty in favor of the End User. The details of postponing or canceling a reservation are included in the Experience page under the "Terms of Cancellation" section and depend on the Client's requisitions and communication in between the Client and the End User.

(5) The Client must be informed in advance about any postponement made by the End User. These requests for postponement or cancellation by the End User or by the Client are clearly indicated on the Website of the Experience in the Terms of Cancellation. The End User must take into account that Exploor or the Clients may charge fees in case of deferrals or cancellations bin the End User.

(6) In order to request a refund or cancellation, the End User must contact the Client to coordinate the return of their money. The End User will assume any transfer costs in this case (also any transfer costs or related to the payment process that arise when money is paid or returned through any payment gateway). The payment to the Client is made every second and last Friday of the month. If the End User pays and requests a refund before those dates (that is, before Exploor transfers the money to the Client), Exploor returns it to the End User, assuming that he / she assumes the transfer costs. Once Exploor transfers the money to the Client (after the second and last Friday of each month), the Client is responsible to return the money to the End User. If the Client can issue invoices, Exploor will issue an invoice on the commission and transfer the commission money to the Client so that he can make the return to the End User.

(7) In case the End User purchased an Experience with a discount code, only the price that the End User finally paid will be redeemed and paid, not the original price of the Experience. Experiences will not be exchangeable; That is, it can not be changed with another Experience that has the same value except Exploor agrees.

 

5 Conclusion of the Contract

(1) Exploor has no obligation nor liability for the Experience after the corresponding confirmation code has been acquired via e-mail. Exploor does not assume any responsibility for the products or services (including photos of the activities) that the Client sells and that are paid through the different payment systems Exploor offers to the End User on its platform. The Client takes full responibility for the services and products and all that is included or related to the Experience he offers to the End User through the webpage of Exploor.

(2) The End User may add a particular Experience to the shopping cart. When the Experience has been added to the shopping cart the End User can change the amount of the Experience by pressing the "+" or "-" buttons. To delete a shopping cart experience, the end user must click the "delete" button. If he wants an Experience several times, he can click the "+" button and the amount of Experiences will increase. Therefore, the shopping cart allows to recognize incoming errors and to correct them before finishing the order. The next step is the checkout process. If the End User is not logged in with his/her account, he/she can do so at this stage - if he/she already has an account - or he/she can create an account in Exploor to continue the purchase process. Then, the End User has the possibility to choose his preferred method of payment. After having selected the method of payment and having accepted the terms and conditions, the End User will be asked to pay their order according to the payment method chosen. 

(3) Once the End User has paid the corresponding price for the selected Experience and received a confirmation email with the code, the End User has the possibility to make use of the Experience within 5 months after the date of purchase. Subsequently, the ticket expires, loses its validity and can no longer be used.

(4) After the purchase has been made by the End User, he will receive an email with the information of the order. In case the End User has his personal profile on the platform, he can see the history of his orders when entering to his account.


(5) The content and information of the Experience (for example, exclusion criteria, minimum participants, dates, recommendations, etc.) can be found in the description of the Experience on the web platform. Exploor presents Experience related information provided by the Client. The End User has to read and understand this information and terms presented on the Experience's webpage and agrees with all information mentioned when agreeing to Exploor's Terms and Conditions. In case there is a lack of information on the Experience's webpage and the End User wants to cancel his order due to this lack of information, the Client takes full responsibility and costs, not Exploor who is only presenting the information provided by the Client. The End User receives his money back and Exploor is left with his commission.

 

6 Prices

(1) The price of the Experiences on the Exploor web platform is the final price by Exploor and includes all the services detailed and explained on the Experience's webpage in section that mentions what will be included.

 

7 Legal Consequences in the Event of Loss of the Experience

(1) In case of loss or theft of the confirmation code, Exploor assumes no responsibility for abuse of the service [3] [4] . However, the End User has the possibility of requesting a copy of his confirmation code by contacting Exploor via email to info@exploor.pe with his personal data and indicating what experience he has purchased so that Exploor can find out the related order and code. 

(2) After receiving the order confirmation email, the End User assumes all responsibility for his confirmation code. In case the confirmation code has been used by a third party, the End User has no further right to claim his Experience as the Client followed his obligation.

 

8 Descriptions of Experiences

(1) Exploor constantly tries to update the descriptions of the Experiences recommended on the web platform. However, the content of such descriptions and the availability of the Experiences themselves may vary without knowledge of Exploor and by mistake of the Client, who is responsible to inform Exploor about any changes.

(2) All pictures and illustrations on the web platform are from the Client. The pictures and illustrations published are the property of the Clients. Exploor does not assume any responsibility for the property rights of the pictures or illustrations recommended on the website and the Client is fully responsible for any claims of third parties or violation of property rights.

(3) Exploor provides information about the Experience, what it includes, duration, itinerary, recommendations, terms of reservation and cancellation, and additional information.

(4) The duration specified in the Experience information is related to the Client's availability, communicated by the Client. Exploor is not responsible for the duration neither the availability of the Experiences.

 

9 Transfer of Experiences

(1) Any Experience is freely transferable to third parties. The new owner of the Experience must comply with the conditions of the Client and Exploor to be able to perform the Experience. In case the third party does not comply with the conditions, he will not be able to perform the Experience. In this case the Experience counts as being used without the right of devolution except the End User cancels his order and claims the devolution. In this case he only has to cover any administrational- and transfer- or payment costs related to the devolution. We recommend that the End User notifies the Client at least 1 day in advance of the change of the participant. Exploor does not take any responsibility in this case; all depends on the communication between the Client and the End User.

 

10 Payment, Delivery and Reservation of Property

(1) End Users of Exploor may pay for Experiences through i) PayPal (www.paypal.com), ii) Visa, iii) MasterCard, iv) American Express, v) Cash Payment, or vi) Agente BCP. The entire data transfer process is encrypted by SSL and conforms to the highest security standards in the industry. The delivery of the confirmation code to be able to perform the experience will be made by email, the payment confirmation in case of payment by credit card and the manual confirmation code in case the payment was by transfer or deposit. The End User must use this code to coordinate the date with the Client and bring it to the Client on the day of the Experience.

(2) Exploor does not cover any transfer costs that arise during the payment process, deposit or transfer to Exploor’s account. Exploor never covers the costs, especially not in the case of the End User transferring the payment from another region outside of Lima, another country than Peru or costs that occur during Transfers between different banks. Exploor's corporate bank account is Banco de Crédito, BCP, and Interbank in Lima, Peru. Exploor recommends checking any additional payment fees with the End User's personal bank.

 

11 Prior Requirements to Participate in an Experience

(1) End Users will have to meet various conditions for certain Experiences, such as a minimum level of personal fitness (for example size, age, health, weight, driving license) so that they are able to participate. These minimum requirements for the Experience can be seen in the description of the Experience on the website. In case the End User buys an Experience and during the Experience realizes that he does not meet the requirements, Exploor has the right to maintain the payment. In case the End User realizes that he does not meet the requirements and cancels his order respecting the terms of cancellation of the related Experience, he has the right to receive the corresponding reimbursement. In case the terms of cancellation have not been published neither by the Client nor by Exploor, the End User has the right of cancellation too. 

(2) Experiences that take place outdoors are subject to weather conditions. It is recommended that the End User contacts the Client to inform himself about the weather conditions just before, or on the day of, the Experience. In case the Experience is not feasible due to extreme weather conditions, it is the full responsibility of the Client to rearrange the reservation with the End User. Exploor does not assume any responsibility for those conditions, neither the coordination, nor the expenses or damages. In case the Client has no possibility to rearrange the reservation due to personal restrictions, Exploor neither the Client take responsibility and there is no right of devolution. Exploor has the right to keep its payment. The Client has the right to decide if he accepts a reimbursement or if he prefers to keep the money, too.

 

12 Availability

(1) The End User can find information about the availability of each Experience (for example region / city, available times or schedule) in the description of the Experience webpage. All Experiences vary in their availability. We recommend the End User to contact the Client of the Experience after receiving his contact information in the PDF of the confirmation email to coordinate their reservation, even though the Client is supposed to get in contact with the End User. Exploor assumes no liability in case the Client was unable to coordinate his preferred date due to unavailability. The End User must find an alternative date or has the possibility to cancel his order according to §4 of these terms and conditions.

 

13 Physical Disabilities

Exploor welcomes the participation of persons with physical and psychological disabilities but recommends that the End User contacts Exploor at info@exploor.pe before realizing the purchase of an Experience to clarify whether the participation in this Experience is possible for a disabled person.

 

14 Change of Service

(1) The Client has the obligation to offer the purchased Experience and all that is mentioned on the webpage of the Experience. In case there were changes and the Client did not inform Exploor, the Client takes full responsibility of any costs to serve the End User with the services mentioned on the webpage of the Experience. Otherwise, in case it is not possible for the Client, the End User has the right to request a refund by the Client who takes full responsibility of costs that occur while the conditions of a devolution specified in §4 are taken into account.

 

(2) Several Experiences take place with vehicles, technical teams or certain people to fulfill the Experience. These are described in the description on the Experience webpage. In case that during the coordinated date of the Experience the equipment is not available, the Client has the right to try to find an equivalent replacement to serve the End User. If there is no suitable replacement available, the appointment can be canceled or postponed depending on an agreement between the Client and the End User. Exploor is not responsible to take action or to make any devolutions or coordination in any of those cases neither about what happens in between the End User and the Client after the End User has received the email confirmation and contact information of the Client. Further the Client will be fully responsible to compensate any damages the End User claims (travel expenses, accommodation, etc.) due to the inability of the Client to perform the Experience, Exploor can not be sued neither taken into responsibility to cover those costs.

 

 

15 Responsability of Exploor

(1) As an intermediary, Exploor shall not be liable for any damages caused in the usage of the Experiences, be it a single experience or a combination of Experiences (a combination of 2 or more Experiences may be created by exploor but operated by a single or various operators that have a valid contract with Exploor). All, the End User, the Client and Exploor agree that any damage will be resolved between the End User and the Client, Exploor is always totally excluded from any process that occurs after the Client's contact information has been sent to the End User. 

(2) Exploor is only liable for damages caused by breaking a contractual obligation with respect to the performance of its own services as an intermediary between End Users and Clients. This relates to the performance of the webpage. With respect to this, Exploor's liability is very limited according to the types of contractual and foreseeable damages due to the End User, Client or any third party.

(3) Exploor is only a mediator of experiences and therefore cannot be held responsible for any damage that occurs or is caused by one of the parties involved in the purchase process or the Experience or a third person. Exploor will not be liable to any Client, End User or third party affected by any damage that occurs after the receipt of the confirmation email and the Client's contact information. Exploor does not take any responsibility for the "Exploor Exclusive Experiences" (experiences with a unique component that are first/exclusively published by Exploor) published on its website as Exploor still is the mediator and not the direct operator of the Experiences.

(4) Exploor is not responsible for the content of third-party websites. Any third party hyperlink leading any person to the Exploor website is provided as a reference or help. The policies and procedures we describe here do not apply to those third-party services. Exploor suggests to any visitor of the webpage of Exploor to contact these sites directly to obtain information about their terms and conditions, privacy policies, among others. In case those hyperlinks no longer work or lead to misleading and confusing webpages, Exploor takes no responsibility of any harm or damage that occurs due to that. Further, Exploor pleases to be informed about those hyperlinks to delete or replace them.

 

16 Withdrawal by Exploor

(1) Exploor has the right to cancel the order and purchase of any Experience until the End User has coordinated a specific date to perform his Experience. In case the reservation has already been coordinated, Exploor is not able to perform any cancellation. This withdrawal has to be justified with a crucial reason by Exploor. A crucial reason exists in the event that (i) the collaboration with the Client terminated in the meantime or the Client stopped operation, (ii) due to any unforeseeable circumstance or third party interruptions. The End User will be contacted immediately by Exploor. If the Client cancels a reservation he is responsible for the entire reimbursement of the End User in case Exploor already paid the Client his corresponding part. If not, Exploor will reimburse the End User in the name of the Client.

(2) Termination of the collaboration between Exploor and the Client does relieve the Client from any outstanding codes, End Users have acquired before. Those End Users have the right to claim the performance of the Client's obligations and the Experience. In case that the Client can not serve the End User who already has a reservation or at least the code but not the reservation, Exploor has the right to search for alternatives of similar Experiences and offer them to the End User. Further, the Client has to devolve the money paid to him and related to those End Users’ orders. In case that such alternative Experience is more expensive, the End User will be responsible to pay the difference. In the event that such alternative experience is less expensive, Exploor issues a coupon with the difference of the value that the End User can use for his next purchase. Exploor does not refund the difference in cash. The End User has the right to claim a reimbursement from the Client and Exploor in case he does not want any alternative Experience. In case the End User would like to make an alternative Experience that is very different in price from the actual Experience purchased, Exploor gives the permission according to the conditions of handling the payment or refund of the difference between the prices. In any case that the End User does not want to participate in any activity, the End User can cancel his order. In this case, the respective Client must return the payment in case Exploor has already paid him. The same applies if the Client ceases operations. 

(3) Claims addressed to Exploor will not proceed as the Client takes full responsibility of what happens after the Experience successfully has been purchased on the webpage of Exploor and Exploor successfully has sent the confirmation email to the Client and the code and contact information of the Client to the End User. Further Exploor is not responsible and cannot be charged for the service provided by the Client or the suitability of the Experience purchased by the End User. In the event that the Client has to postpone the Experience, it is the Client's responsibility to contact and inform the End User to find a solution that may be (i) another date, (i) alternative activity or (iii) devolution to the End User. Exploor takes no responsibility for this process.

 

17 Property Rights

(1) All contents of this web platform, as well as the software used and required are subject to Exploor's and Client's property rights. Also everything is subject to the legislation on the protection of intellectual property. Clients agree to these legal rights. In addition, the Client has to make sure that the content of Exploor is the latest, contacting Exploor in case there have been changes. The Experiences that are represented on this web platform, as well as any other information that the End User can obtain from the Exploor website or by third parties, such as advertisers, indicated are protected by the terms of intellectual property rights and Peruvian laws. Exploor owns the "Exploor" brand according to its registration in Indecopi in Lima, Peru. The brand, content and work that is available on this webpage or in any way available to the visitors, can not be published or used for other purposes, in case the third party, Client or End User have no written agreement with Exploor.

 

18 Data Protection

All personal data that is essential to establish a contractual relationship with the End User and the ultimate possessor of the code of the Experience are the subject to the privacy policy. The End User will have to agree to these legal conditions during the payment process to ensure that all participants in the Experience process agree to these data protection terms. For more information on the privacy policy, visit https://exploorperu.com/pages/privacy-policy-exploor-peru.

  

19 Modification of Terms and Conditions

1) Exploor maintains the right to change and adjust these terms and conditions to balance and improve the contractual relationship of all parties included. Any changes that do not give a benefit to the End User of the Experience or to the Client, will only be due to legal or technical changes, which were not predictable until the purchase of the Experience has been made. Any change that relates to Exploor's services that affects its nature and extent will require the Client's consent. Changes in which the interests of the Client, End User and Exploor have been affected, such as prices, information, requirements or services of parties included or any third parties, will be communicated immediately by Exploor to the End User and Client that are affected by those changes. In the event that the End User does not agree with the modification of this notification within 2 weeks after the information has been communicated by Exploor via email, the Client has the right to cancel his order and to claim a devolution.

(2) In addition, in case there is no need of an announcement regarding new changes, Exploor has the right to make the changes without notification of any other party involved.

 

20 Jurisdiction and Applicable Law

This agreement is governed by the laws of the Republic of Peru.

Any dispute arising in connection with a contract, its existence, validity, interpretation, scope or compliance shall be submitted to arbitration, carried out by a single arbitrator, the respective final judgment being irrevocable. Said arbitration shall be carried out by the Arbitration Center of the Chamber of Commerce of Lima and shall be governed by the arbitration rules of the institution, whose rules and conditions of the parties declare to know and expressly submit to that which expressly waives its Own jurisdiction. The sole arbitrator shall be appointed by the competent authorities of the Arbitration Center of the Chamber of Commerce of Lima, Peru.

 

21 Registration, Password and Responsibility

Anyone can navigate the Platform without having an account. To use some Services, such as contacting Clients, booking and contracting the services offered through Exploor's webpage, everyone can do so by entering the personal data that is required to provide, with the purpose of opening an account. The user account should not include the name of another person with the intention of impersonating that person, or to be offensive, vulgar or obscene, or contrary to morality and good manners. The username and password are personal and therefore the owner of this account is solely responsible for maintaining the confidentiality of his data for the login to the webpage and for the use and access to the service with his username and / or password. He will always have the option of recovering his password enabled by using his email; Without prejudice to notify Exploor immediately upon becoming aware of the loss, theft or unauthorized use of any password, user ID or email address. The owner of the account cannot transfer or sell access to his account. Exploor will not be responsible for any damages related to the disclosure of the username or password, or the use of any person to the username or password. No one can use the account of another user without the permission of the user. Exploor may require to change the username and / or password if Exploor believes that the account is no longer secure or if Exploor receives a complaint regarding the username that violates the rights of another person. Exploor may refuse registration, cancel the account, or refuse access to the Services, as a reference, but not a limitation, in case Terms of Use and Exploor's policies are harmed or there has been an act in a manner contrary to the provisions therein, the account can be closed immediately.

 

22 Assignment of Contract Position

You, the reader of those terms and conditions acknowledge and agree that Exploor may assign a contractual position or any of the rights or obligations, or sell your personal data to any third party without the need to inform you and to obtain your prior and express consent.

 

23 Acts of God

Exploor shall not be liable or found to be in default for any delay or breach of performance or interruption in the provision of the Client's Services that may result directly or indirectly from any cause or circumstance beyond Exploor's reasonable control. The Client cannot be charged for those circumstances either. Exploor takes no responsibility including Failures of the Clients to fully provide their Experiences to the End User. Exploor takes no responsibility and cannot be charged costs for any equipment or lines of electronic or mechanical communication, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or government restrictions that may harm the relation between any party involved.

 

24 Claims and Complaints

In accordance with the provisions of the Consumer Protection and Defense Code, Law No. 29571, Exploor's webpage has a virtual complaints book in which you, the visitor can file a complaint regarding the Services Exploor offers on the webpage. In case you, the visitor, want to claim something about the Experience, this book can be used too. The book can be found in the footer of the webpage or here: https://exploorperu.com/pages/complaints.