NOTE: These Terms & Conditions apply exclusively to clients who purchased a vacation package with us from June 09, 2020 – current (date open). These Terms & Conditions are a literal translation of the official Spanish terms and conditions, which can be found by clicking here.
1.1 These are the terms and conditions that apply to your booking.
1.2 In these terms and conditions, “we”, “us” and “Evoke” refer to Evoke Travel Peru S.A.C., a company registered in the Republic of Perú with registration number 20602396941 and registered with the government office Mincetur in the ‘Directorio Nacional de Prestadores de Servicios Turísticos Calificados’ (National Directory of Qualified Tourist Service Providers), whose registered address is at Dpto. 305, Ed. Ricardo Palma, Jr. Ricardo Palma, Santa Monica, Wanchaq, Cusco, Peru.
1.3 In these terms and conditions, “Vacation Package” and “Vacation” refers to the vacation or holiday package that you are going to purchase or have purchased from Evoke.
1.4 In these terms and conditions, “Client” refers to any person travelling or intending to travel on a tour operated by us.
1.5 In these terms and conditions, “Travel Documents” refers to the package of information that Evoke issues prior to your vacation departure, including a digital or hard copy of your vacation itinerary and your customer instructions.
2.0 General Legal Provisions
2.1 Your Vacation Package contract is governed exclusively by Peruvian law and is subject to the exclusive jurisdiction of the courts of Cusco, Peru.
2.2 Our terms and conditions of sale do not affect your statutory rights. We only adhere to statutory law as recognized in Peru. Statutory rights applicable in other countries do not apply to your booking.
2.3 The copyright of the material contained on our website www.evoketravelperu.com and our associated websites, brochures, flyers and other marketing material belongs to that of Evoke or the relevant Licensors. No part of this material may be copied without our express permission.
2.4 Evoke strictly prohibits any acts of sexual exploitation against children, adolescents or adults in the services we provide. We will actively cooperate with local law enforcement in destinations we serve should we believe that an act of sexual exploitation has occurred. As a Peruvian company, we strictly adhere to the policies and guidelines of ESNNA (Explotación Sexual de Niñas, Niños y Adolescentes). In Peru, sexual exploitation against children, adolescents or adults is a penal offense.
2.5 The law regarding accommodation for persons with disabilities varies from country to country and we cannot guarantee that all hotels, transport and amenities will be equipped and suitable for wheelchair users or disabled persons. We will endeavor to the best of our abilities accommodate the needs of clients with disabilities.
2.6 Before booking clients should read through the website and understand the terms and conditions set out in it. We also recommend that you contact our reservations department to check the most up-to-date information about the vacation that you have chosen. Contact us immediately if you think any details we have provided are inaccurate.
2.7 All our tours are quoted and sold in the currency of the United States Dollar (US $). Any other currencies quoted are for reference purposes only.
3.1 The contract is between Evoke and the client, being the person who confirmed their intent to purchase a vacation package arranged by us, by paying the agreed deposit and/or signing a booking form. Once the contract is established our terms and conditions of sale apply to your booking. Domestic and international flights purchased by us are not covered by our terms and conditions of sale, but by the terms and conditions imposed by the airline provider.
3.2 Only Evoke and the person(s) who enters into the contract shall have any rights to cancel or amend the trip and enforce these terms and conditions.
3.3 The terms and conditions apply to all persons named in the booking document.
3.4 When payment is made though our credit card merchant services, you will be required to agree to the terms and conditions of the credit card payment platform. This is required in addition to you agreeing to the terms and conditions of sale of Evoke. By Peruvian law, the terms and conditions on the payment’s platform are written in Spanish. Should an English translation be required, we request that you contact us in writing for a literal translation prior to making the payment. The terms and conditions of the payments platform in no way supersede, adversely affect, or change our terms and conditions of sale.
4.0 Itinerary Creations & Fees
4.1 Evoke reserves the right to request an itinerary creation fee prior to working with a client or at any point of the quotation process.
4.2 An itinerary creation is a stand-alone product offered by Evoke to potential clients. It is not related to any other service or product that we offer. The itinerary creation fee is for the creation and supply of one revision of a workable travel itinerary tailored to a client’s specific requirements. The fee for an itinerary creation is US$ 250. If deemed necessary, subsequent revisions of the itinerary maybe subject to further charges and will be charged at US$ 150 per additional revision. The itinerary creation fee and any subsequent revision fees are 100% non-refundable.
4.3 If a client that has purchased an itinerary creation product wish to convert the itinerary to a confimred booking with Evoke, we will deduct the itinerary creation fee(s) from the sale price of the itinerary.
5.0 Confirming your booking
5.1 A booking is accepted and becomes legally binding from the date that Evoke receives the client’s agreed deposit in full and/or signing our booking form. At this time the deposit becomes 100% non-refundable and non-transferable.
5.2 Evoke requires a fully completed and electronically (or physically) signed booking form, which we will send to you at time of booking.
5.3 To comply with Peruvian law, Evoke requires that all persons listed in the booking document provide a valid passport copy which is suitable for international travel. The passport must be valid for the entire duration of your vacation package and have a minimum of 6 months of validity on the passport from the day that you start your vacations package. Certain countries in Latin America have special tax laws which permit that for foreign travelers some aspects of your trip are exempt from local sales tax. To prove tax exemption to the local tax authorities we are required to supply a copy of a valid passport for each traveler named in the booking document. Failure to provide passport copies at the time of booking may result in an additional charge. Any additional charges incurred will be the sole responsibility of the client.
5.4 Travel visas, reciprocity fees, vaccinations and travel medications are the sole responsibility of the client. Evoke accepts no responsibility should the client not comply with the entry requirements of any country included in our services.
5.5 Upon paying the agreed deposit, the client understands that the deposit is 100% non-refundable and non-transferrable under any circumstances.
5.6 If the client is unable to complete the booking form due to disability or due to a lack of technical ability with using a computer or emails, then we may make a special exception and permit that the required booking information is sent in the body of an email.
5.7 Bookings will only be accepted up to and including 15 days prior to your scheduled departure date. In certain circumstances Evoke may allow a reduction in days.
5.8 Evoke reserves the right to decline any booking at their discretion.
5.9 Valid methods of payments include direct wire transfers and payment by credit card (Visa, MasterCard, Diners Club & American Express). Credit card payments are accepted only via our local processor. Due to limitations of the system or maintenance procedures, we cannot guarantee that all credit cards will be accepted at any one time.
5.10 If you have special requests, we will try to confirm whether these can be met for you prior to booking. If we are unable to confirm any such requests, we will advise you before you book. We cannot guarantee any unconfirmed special requests nor advise you whether such requests have been fulfilled before you leave. We cannot normally confirm or guarantee special requests received within 15 days before departure.
6.0 Confirmation your Booking (by Evoke)
6.1 Once Evoke has received a completed booking document, the full deposit payment and valid passport copies from the client, we will proceed to confirm the services outlined in the agreed itinerary. The confirmation process usually takes between 10 – 20 working days to complete. Once complete we will send you a confirmed itinerary.
6.2 No hotel reservation is pre-checked for availability at the quotation stage. Therefore, when confirming your booking, should a quoted hotel not be available, Evoke will request to go on waiting list for the original hotel, and make a backup reservation at a hotel of the same level and price (according to our confidential rates, not public rates). If Evoke is unable to reserve a hotel of the same level, we will reserve a hotel in a lower level category and discount the difference in tariff (if applicable, and according to our confidential rates) to the itinerary. We will confirm any differences in hotel in writing.
6.3 No service is pre-checked for availability at the quotation stage. If a quoted service including but not limited to excursions, trains, cruises, flights etc., is not be available, we will substitute the original service for an alternative of the same value. If this is not possible, we will offer a lower cost option and refund the difference (according to our confidential rates). We will inform the client in writing of the change.
7.0 Final Payments and Surcharging
7.1 The final payment plus any applicable surcharges and any other agreed price changes to your tour are payable to Evoke 75 days prior to the first contracted service of your vacation package. There are no exceptions to this rule. If we not receive the final payment within the specified time, Evoke reserves the right to cancel your tour and apply our standard cancellation policy. It is the client´s responsibility to ensure the final payment is paid on time, we do not usually send reminders for money we are owed.
7.2 If Evoke considers that significant changes have been made to your trip between the time of booking and 75 days before your trip, Evoke reserves the right to request an additional non-refundable deposit.
7.3 Evoke reserves the right to surcharge your tour, to take into account any price increases beyond our or our suppliers control caused by government actions, changes in scheduled airfares, currency fluctuations and increased transportation costs including fuel.
8.0 Changes and amendments to your tour
8.1 Changes or amendments may only be made by person(s) that have entered into a contract with Evoke. If two or more people have entered in a contact for the same vacation package, then express and written agreement of all parties is required before we proceed to make any change or amendment.
8.2 If a change or amendment to a trip by one party affects the travel plans and costs of another party in the group, the first party is responsible for any additional costs incurred. Evoke is not liable for any additional costs incurred.
8.3 In the unlikely event that we have to change or cancel your vacation package, we will inform you as soon as reasonably possible. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you. This includes but is not limited to hotel bookings and transportation times / schedules.
8.4 An administration fee of $150 per person will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 75 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges as below. (See cancellation policy below). Should this change or transfer to a different departure date result in the cancellation of pre-paid services (like flights or the Inca Trail etc.) the client shall also be liable to pay for any additional charges which are levied by our suppliers, and will not be the responsibility of Evoke.
9.0 Our cancelation policy
9.1 In the event that the client wishes to cancel a trip, our cancellation charges will be imposed. Cancellation charges are calculated from the day that we receive written notification to this effect. Charges are as follows:
- 76 days or more before departure: we will retain 100% of your deposit.
- Less than 75 days: we will retain 100% of the total tour cost.
9.2 Should the client wish to cancel a booking with us, then they must provide a written and dated letter or email confirming they wish to cancel.
10.1 Evoke is not liable if we or our suppliers are hindered from providing all or part of a vacation package due to unusual and unforeseeable circumstances beyond our control or that of our agents, suppliers or subcontractors that could not have been avoided or due to an event that we could not (even with all due care) have foreseen or prevented. The circumstances and events referred to above include (but are not limited to) the following: war or threat of war, pandemics, a local or international health crisis, riot or civil disturbance, terrorist or threatened terrorist activity, industrial disputes or threatened industrial disputes, the actions of national or local governments, natural or nuclear disasters, fire or flood, adverse weather conditions, delays in your flights, airports being closed or full, cancellation or changes to service of scheduled transport providers, changes brought about as a result of recommendations made by the Foreign and Commonwealth Office or any other government or international organization or agency, any changes in legislation or other government or local authority measures made or taken after the date on which you book your tour, airport departure taxes, and any additional costs incurred by irresponsible behavior. The liability for any additional costs incurred is the sole reasonability of the client.
10.2 Clients bookings are accepted on the understanding that they appreciate the risks inherent to travel and that they undertake the tours, excursions, and adventure activities featured in our vacation packages at their own risk. It is also important to understand that the most meticulously planned arrangement can go wrong. Conditions are such on some of our activities that there may be occasions when delays, discomforts or unforeseen circumstances will occur. Evoke cannot accept responsibility due to these aspects.
10.3 Where the client does not suffer personal injury, the company accepts liability should any part of the tour arrangements, booked with Evoke, not be supplied as described in the itinerary. In such cases Evoke will pay reasonable compensation if the clients enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Evoke or its suppliers and the reason for the failure was the client’s own fault, the actions of someone unconnected with the tour arrangements or one which neither the company nor its suppliers could have anticipated or avoided, even if all due care had been exercised.
10.4 When the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with us, Evoke accepts responsibility unless there has been no fault on Evoke’s part or its suppliers and the cause was the clients fault, the fault of another member of the party, the action of someone unconnected with the tour arrangements, or one which neither Evoke nor its suppliers could have anticipated or avoided, even with the exercise of all due care.
10.5 Evoke’s acceptance of liability to pay compensation does not apply in the case of air travel, public bus travel, rail travel, sea/river travel or hotel accommodations.
10.6 We do not accept liability where any form of loss or damage is due to your own fault or that of any party named on your booking.
10.7 Evoke accepts no liability for lost, delayed or damaged luggage or personal items at any time during your vacation. We strongly advise that you take out trip insurance that provides sufficient covers should you suffer damage or loss of your luggage and damage or loss of your personal effects.
11.0 Delays & Flight delays
11.1 Evoke cannot accept responsibility for additional costs incurred directly or indirectly by flight delays including but not limited to cancellations of scheduled flights, delays caused by mechanical breakdown or bad maintenance, changes in airlines schedules, actions of the airport authority & air-traffic controllers, bad weather conditions and industrial action.
11.2 Evoke cannot accept responsibility for additional costs incurred directly or indirectly by other transport delays that are beyond our control including but not limited to cancellation or the change of scheduled trains, bus and boat departures, delays caused by mechanical breakdown or bad maintenance, actions of the local or national authorities, bad weather conditions and industrial action.
11.3 Additional costs incurred by flight, transport and sea/boat delays are the responsibility of the client and not Evoke.
12.1 We can usually sort out problems on the spot if we know about them. It is your responsibility to inform your local contact or us at that specific time should you have a complaint. You should notify us in writing of all complaints as soon as possible and, in any event, no later than 28 days after your return home. This is to give us a reasonable opportunity to make appropriate enquiries and obtain evidence. If you do not follow this procedure it will make it harder for us to resolve your complaint and this could prejudice any claim for compensation that you wish to make.
13.0 Your Responsibilities
13.1 If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to other people or damage to property, we reserve the right to terminate your vacation package without refund or payment of compensation. If we incur any additional expense as a result of your behavior you shall fully compensate us for that expense.
13.2 For your own protection, we strongly recommend that you and all members listed in your booking take out suitable travel insurance. Please note it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs.
13.3 You must ensure that you have a valid passport and necessary visas for entry to all countries for the entirety of your vacation. We are not responsible or liable to you if you fail to follow the correct procedures. We reserve the right to charge for any penalties or expenses that we incur as a result of your failure to travel with appropriate travel documents.
13.4 It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertake.
13.5 It is your responsibility to ensure that you can prove you have had any necessary vaccinations for your travel arrangements. Consult your doctor about any health requirements for all destinations to which you are travelling. We are not liable if you are refused entry to any country or part of a country because you cannot prove that you have had the necessary vaccinations or because you do not comply with the health requirements of your destinations.
14.1 Information collected in conjunction with any client intending or travelling with Evoke including names, dates of births, addresses, telephone numbers, email addresses, passport numbers, tour details and tariffs are for the strict use of Evoke and legally owned divisions of Evoke. We will not sell or pass on any details about our clients for profit or gain, all information is kept in the strictest of confidence. We do however reserve the right to pass on only the relevant information to our approved suppliers, partners, government authorities, authorized financial institutions (banks and credit card processors) and to legal representation of Evoke. This information is used in order to purchase specific parts of the contracted tour, including but not limited to airline tickets, hotels, services, government permits/tickets and transportation. The information may also be used to defend or initiate legal actions and defend credit card or bank chargeback claims.
14.2 Should we handle payment information such as a credit card or direct bank transfer details it is our policy to permanently destroy any written records as soon as the transaction has been completed.
14.3 We will never store your sensitive payment information electronically or keep any other records in our systems. We will only send information electronically for processing of payments and only ever using a secure and reputable service provider. If you choose to pay for your vacation package through one of our payment service providers, you need to read, understand and agree to their own terms and conditions before making any payment, as they may be different from ours.
14.4 We will retain your name, address contact details, tour information and passport copies in our system for a period of 7 years only. All other information we will permanently destroyed 60 days following the last date of your vacation.
14.5 We may use your contact details to directly offer you relevant travel news associated with Latin, our products, or special offers. Should you wish that your contact details are not used for this purpose you can send a message to us via our contact form and request to be removed from our listings.
Terms and Conditions applicable to purchases: January 01 – June 08, 2020.