MacDermott’s Argentina is the trading name for the travel company of Hugh Edward MacDermott, registered and licensed in Argentina E.V.y.T. 16251 Disp. 579
Please note that payment to MacDermott’s Argentina entitles us to assume that you have the authority to accept and do accept our Booking Terms and Conditions on behalf of yourself and your entire party. It is your responsibility to read these Terms and Conditions before making a reservation/payment.
1. Your Confirmation of Payment document details exactly what is booked for you. From the moment we have issued your Confirmation of Payment document, MacDermott’s Argentina has accepted your booking under the terms set out in this contract. It is your responsibility to check that all information and details are correct including the spelling of participants’ names. Contact us immediately if any information on your Confirmation of Payment document or any other documentation appears to be incomplete or incorrect. If you fail to do this within 10 days of our sending it out we regret that we cannot accept any liability for any problems later on resulting from incomplete or incorrect information.
2. Booking is dependent upon completion of an Accident Waiver and Release From Liability Form by each participant.
3. MacDermott’s Argentina reserves the right to change any itinerary or change or cancel any service at any time due to weather conditions or other reasons without penalty to MacDermott’s Argentina.
4. The participation of any person on any program is continually subject to the discretion of the guide and MacDermott’s Argentina program leader or representative.
5. Your physician must clear any health problems that may affect your participation in any program; we must also be told about any pre-existing medical conditions you have which we may need to know about (especially allergies or medications, see Medical Form).
6. In the unlikely event of an emergency, participants may be liable for any rescue or evacuation costs incurred either on their behalf or as a result of their actions.
7. MacDermott’s Argentina is not responsible for the terms and conditions of any airline or bus tickets.
Tier pricing (concerning ‘fixed date’ holidays)
When trips do not fill to a required level, a price adjustment may become necessary to avoid trip cancellation (see sections below ‘Cancellations and Refunds’ and ‘Changes’).
Cancellations and refunds
Cancellations must be made in writing to MacDermott’s Argentina via email and are not considered cancelled until acknowledged by a return email from MacDermott’s Argentina. Should you cancel your booking we cannot guarantee any refund so we strongly advise you insure against cancellation.
MacDermott’s Argentina reserves the right to cancel your holiday, in any circumstances, a very rare occurrence which could occur for example if the minimum number of clients for a particular tour/ holiday is not reached, or due the failure of a hotel. If we are unable to provide a booked holiday you are entitled to either a full refund of all monies paid, or you may prefer to accept an offer of an alternative holiday of comparable standard from us, if available, in which case will refund any price difference if the alternative is of a lower value.
We will not however cancel your holiday less than 8 weeks before the departure date:
EXCEPT for reasons of force majeure, which in our opinion are necessary to protect your safety
OR due to failure by you to pay your final balance.
We cannot accept liability or pay any compensation for any loss, damage or expense where the performance or prompt performance of our contractual obligations are prevented or affected in whole or part as a result of circumstances amounting to force majeure.
No refunds will be issued on whole or partially unused portions of packages or unused services.
If you wish to change your holiday in any way, for example your chosen departure date or a specific accommodation, you must notify us via email as soon as possible and we will do our utmost to make the required alterations, although we cannot guarantee it will be possible. Any request for alterations must be communicated from the person who signed the Reservation Form, and are not considered requested until acknowledged by a return email from MacDermott’s Argentina. Alterations cannot be accepted within one month of the departure date of the holiday. Where you or any member of your party is prevented from traveling e.g. due to the death of a close relative, jury service, illness, or the requirements of an employer, that person may transfer their booking to someone else provided that the new person satisfies all conditions required and we are notified not less than 90 days prior to the scheduled departure date; in such a case further costs may be applicable. If your booking changes because someone in your party cancels, we will recalculate your holiday cost based on the new number of people traveling. If fewer people share accommodation or private transport services, then the cost for them may go up. This extra cost is not a cancellation charge, and is not covered by your travel insurance. It is unlikely that we will need to make any changes to your holiday, but we do plan arrangements months in advance. Very occasionally we have to make a change and reserve the right to do so at any time. These changes are generally minor and we will advise you of them at the earliest possible date.
Reasonable changes to itineraries may also be made where deemed advisable for the comfort and well being of participants. The right is reserved to substitute hotels, alter the itinerary, and reverse the order of places to be visited.
Force majeure means unusual and unforeseeable circumstances beyond the company’s control, the consequence of which neither the company nor its suppliers could avoid even if all due care had been exercised, and any event which we or agents providing the service could not, even with all due care, foresee or avoid, such as: war or threat of war, riots, civil strife or commotion, terrorist activity, epidemic or health risks, pandemic, quarantine, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events or circumstances outside our control. We cannot accept liability or pay any compensation for any loss, damage or expense where our obligations are prevented or affected by reason of force majeure, or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to force majeure.
Without limitation, MacDermott’s Argentina is not responsible for acts of God, equipment failures, vehicle accidents, illness from food or otherwise, detention, assaults, theft or criminal activity, annoyance, delays, quarantine, strikes, failure of any means of conveyance to arrive or depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and discrepancies or changes in transit or hotel services over which it has no control. We shall not be liable for any losses, damages, expenses or any consequential losses howsoever arising. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result. If a trip is delayed due to road or trail conditions, airline delays, government intervention, illness or any other contingency that we or our agents cannot control, MacDermott’s Argentina reserves the right to modify the trip fee.
All Argentine taxes are included in prices quoted by MacDermott’s Argentina for services that we provide.
All rates are quoted in U$D dollar currency unless otherwise noted.
Trip insurance / travel health insurance
We require proof upon final payment that you have purchased health insurance to ensure that you are adequately covered for any eventuality (thus a policy that covers at the very least trip cancellation, travel delays, baggage loss and delays, non-refundable airline tickets, accident/life coverage and horse riding; emergency medical evacuation is also something that you should consider).
Passports, visas and preparing for your trip
Participants are responsible for the provision of all necessary valid documents such as passports, visas and drivers licenses. They also have responsibilities to themselves, MacDermott’s Argentina and one another and must choose a trip that is appropriate to their interests and physical abilities. MacDermott’s Argentina cannot be held responsible for any problem encountered during a trip due to the invalidity or lack of passports, visas or any other relevant documentation of such a nature.
The participant is responsible for his or her international airfares, personal/travel insurance and visa fees (if applicable), excess baggage fees and airport taxes. He/she is also responsible for his/her meals, prior to or after the actual scheduled trip or meals that he/she chooses as alternatives to the ones offered by MacDermott’s Argentina, any additional room charges (e.g. room service), laundry services, phone calls and other personal expenses, tips for guides and staff, medical costs, and any costs of hospitalisation and/or evacuation required for him/her. Please note – MacDermott’s Argentina is not responsible for any taxes that for some reason have not been already included that may occur during airline travel.
Limitations of liability
For claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is two times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Many of the activities that you may choose to take part in during your holiday have potential serious risks, especially in remote areas. We will not however be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
– The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party
– The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable
– ‘Force majeure’ as defined above
We will not be responsible for any activity or excursion that does not form part of your package or contract with us, even if recommended by us. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
MacDermott’s Argentina safety policy strongly advise the use of a well-fitted ASTM/SEI or ISO 2010 approved equestrian helmet equipped with a retention harness, which must be fastened at all times whilst on horseback. The use of this protective helmet could prevent brain damage or death in the event of an accident. Due to the individual nature of well-fitting riding helmets, we advise that you each bring your own with you.
Health and dietary needs
By sending a deposit, you certify that you do not have any physical condition or disability that would create a hazard for you or other travellers. Please inform us prior to your departure if you have any special dietary or medical needs, or pre-existing medical conditions which we need to know about (especially allergies or medications). MacDermott’s Argentina reserves the right to disqualify for medical reasons any participant from any portion of a trip. No refunds are given under these circumstances. In the event of a serious medical problem we may be far from medical facilities and evacuation could be difficult, lengthy and expensive.
If you have any special request, you must advise us at the time of booking on your Booking Form. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we cannot guarantee that requests will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless specifically confirmed. All special requests are subject to availability.
Late arrivals and departures
MacDermott’s Argentina cannot accept responsibility for travellers inconvenienced by changes, late, diverted, delayed, cancelled, or rescheduled travel arrangements. This also applies to missed connections or transfers.
Personal belongings, baggage and documents
MacDermott’s Argentina is not responsible for lost, stolen or damaged baggage, or any expenses occurred in the event of such a loss or damage. All personal belongings, baggage and documents remain at all times and in all circumstances the owner’s responsibility. MacDermott’s Argentina is not to be held responsible for lost or stolen baggage, personal items like money, passports, wallets, cameras, iPods, etc. that may occur during flights, ground transfers, or storage of baggage or coats in apartments or hotels. We highly recommend that for all flights you carry on digital cameras, video cameras, passports, wallets, cash and iPods and do not put in your regular luggage to check in. This is for going from hotels to airports and vice versa.
MacDermott’s Argentina does not offer any kind of credit or refund for changes made to itineraries due to weather.
MacDermott’s Argentina reserves the right to change the price of holiday arrangements due to an unexpected, major increase in costs such as a change in foreign exchange rates or taxes. We reserve the right to give notice in writing of a minimum of thirty (30) days to the participant at any time prior to the departure date of the trip to increase the price of the trip to reflect any increase in the cost to MacDermott’s Argentina which is due to any factor beyond the control of MacDermott’s Argentina such as without limitation any foreign exchange fluctuation, currency regulation, alteration of taxes, permissions or licenses, fuel surcharges or other associated costs that may affect the trip). We absorb amounts of up to 2% of the cost quoted to you for the arrangements in your Confirmation Invoice (excluding any amendment charges).
We want your holiday to run as smoothly and flawlessly as possible, but are aware that even the best laid plans can potentially go wrong. In the unlikely event of there being something not to your liking whilst on your trip, you must report the problem to the relevant supplier of the service in question immediately (e.g. your guide or hotel staff) as well as to our trip representative, giving them the opportunity to rectify the problem then and there. If the problem cannot be completely resolved locally, you must send a formal complaint via email within 28 days of your return. We cannot accept liability for any claims which are not notified to ourselves and our suppliers entirely in accordance with this clause. Please note that our representatives are not authorised to either promise or make payments, or to vary the terms, conditions or information of MacDermott’s Argentina Booking Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with Argentine law and the Argentine Courts shall have exclusive jurisdiction over any dispute which may arise. Upon advancement of deposit to MacDermott’s Argentina, the depositor agrees to be bound by the above recited terms and conditions.
MacDermott’s Argentina takes your privacy very seriously.
We will not use your personal information for any other objective than assisting you with a trip to South America. We undertake that your email address will not be disclosed or sold to any other parties. In order to ensure that arrangements run smoothly during our holidays, we utilise information provided by you such as your name, any special needs/dietary requirements etc., and often need to pass it on to relevant suppliers such as hotels, transport companies, etc. We will not, however, pass any information on to any person not responsible for part of your travel arrangements unless required by law (e.g. customs and immigration authorities). In making a booking, you consent to this information being passed on to the relevant persons. Your information is provided to third parties solely for the purpose of providing you the services you request at the time that you request them. Third party intermediaries do not store, retain, access or otherwise use your information other than as necessary to provide you with the MacDermott’s Argentina service. MacDermott’s Argentina does not use “cookies” or track visitors to our website. You are entitled to a copy of your information held by us. If you would like to see this please contact us. We would also like to retain your information (including any email address), for our own future marketing purposes (for example, to inform you of promotional offers or to send you our brochure). If you do not wish to receive such approaches in future, please inform us as soon as possible.
If you have any questions regarding our policies please CONTACT US and we will happily clarify anything for you.