CURRENT NOTE REGARDING CORONA PANDEMIC
We point out that despite extensive protective measures there is a risk of infection with the Corona virus and of subsequent COVID-19 sickness. Treatment facilities at a Bolivian hospital are very limited and not comparable with facilities in your home country. If you nevertheless travel in Bolivia you take full responsibility for your health.
1. Legal basis
The general terms and conditions of TURISMO EL DESIERTO comply with the regulations of Bolivian law.
2. Terms of participation
Conditions for the participation in a journey operated by TURISMO EL DESIERTO are health, fitness and the disposition to conform to the customs of the countries. Besides the client commits to reading carefully the "important notes" and "travel tips", both attached to the quotation as well as to the booking confirmation, and to preparing correspondingly his travel. TURISMO EL DESIERTO exclusively operates in Bolivia. Travels to neighbor countries can be organized but without the liability of TURISMO EL DESIERTO. The client is responsible for his arrival and departure. In particular he bears the risk of delays and cancellations of self-booked flights and bus connections. TURISMO EL DESIERTO expressly points out that the touristic activities that the client undertakes with TURISMO EL DESIERTO (like jeep, car, bus or boat trips, flights, trekking, mountaineering, biking, rafting, wildlife-watching, jungle or expedition tours, etc.) are afflicted with increased accident, disease and robbery risk as well as the risk of damage of personal belongings and of unforeseen incidents. The participation in travels with TURISMO EL DESIERTO is therefore on clients own responsibility and at clients own risk. The client assumes complete liability for his physical and mental integrity as well as the care for his personal belongings. With his booking the client relieves TURISMO EL DESIERTO from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. TURISMO EL DESIERTO strongly recommends the conclusion of a comprehensive travel insurance.
3. Deal of tourist travel contract
The application for a travel is effected when the client accepts a quotation provided by TURISMO EL DESIERTO. By filling in and sending back the TURISMO EL DESIERTO questionnaire the client accepts the GENERAL TERMS AND CONDITIONS of TURISMO EL DESIERTO and relieves TURISMO EL DESIERTO from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. The client agrees on saving his data. When booking for more participants, the applicant is liable for the contractual responsibilities of all participants. The tourist travel contract becomes binding upon the booking confirmation of TURISMO EL DESIERTO.
4. Payment
If the client does not keep to the modalities of payment described in the booking confirmation, TURISMO EL DESIERTO becomes free of its obligations.
5. Contractually bound services by TURISMO EL DESIERTO
The amount of contractually bound services by TURISMO EL DESIERTO is the result of the itinerary finally agreed on. This itinerary can be changed by mutual agreement anytime. TURISMO EL DESIERTO explicitly reserves its right to change the itinerary on its own authority if there are factually justifiable, remarkable and unpredictable reasons.
6. Change of costs
6.1. Changes of services and prices
Changes and deviations of marginal services from the content of the travel contract, that become necessary after the contracts conclusion and are not caused by TURISMO EL DESIERTO against good faith, are permitted if the general content layout of the booked travel is not affected. TURISMO EL DESIERTO is authorized to increase the travel price after the contracts conclusion if this allows for an increment of costs of certain contracted services or for changes of the valid currency rate. If so the client will be informed immediately. The increment of the travel price has to be in accordance with the costs that caused the increment of the travel price and implies that TURISMO EL DESIERTO discloses the calculation of the new travel price so that the client can recalculate the increment.
6.2 Special charges
All special charges that are caused by changes (cancellation, postponement) of public transport because of bad weather conditions, street blockades or an act of God in general, have to be borne by the client. TURISMO EL DESIERTO commits to minimizing the costs that have to be borne by the client and that are not caused by TURISMO EL DESIERTO. All special charges related to changes of the arranged itinerary caused by the client are for the clients account and have to be paid immediately to the claimant. Among these special charges are e.g. charges caused by delays of the client or charges for an untimely return from a tour because of a clients' indisposition or disease. If TURISMO EL DESIERTO advances funds to counteract an emergency, the client has to refund the advanced amount immediately after the travel.
7. Cancellation of the tourist travel contract by the tour operator
7.1 Cancellation before the start of the travel
TURISMO EL DESIERTO can cancel the tourist travel contract until 2 months before the start of the travel if the minimum number of participants is not obtained and a minimum number of participants was mentioned when concluding the contract. The client immediately obtains the amount that he has already paid. There are no further claims due to the client.
7.2 Cancellation after the start of the travel
TURISMO EL DESIERTO can withdraw from the tourist travel contract after the start of the travel if the client regardless of the call to order of TURISMO EL DESIERTO lastingly interferes with the realization of the travel or if the client acts contrary to the contract at such a rate that justifies the immediate annulment of the contract. This applies in particular if the client doesn't correspond to the special requirements of the travel (health, fitness and the disposition to conform to the customs of the countries). If TURISMO EL DESIERTO cancels the contract, so TURISMO EL DESIERTO hold of the claim of the travel price but has to deduct the value of charges TURISMO EL DESIERTO does not have to realize any more because of the cancellation of the contract including the amounts that are refunded to TURISMO EL DESIERTO by service providers.
8. Cancellation by the client
The client can withdraw from the tourist travel contract at any time. Relevant for the costs to be assumed by the client is the entrance of the letter of cancellation by e-mail. When withdrawing from the travel contract or when not travelling at all without announcing it so TURISMO EL DESIERTO can demand appropriate compensation for the realized organization and expenses. TURISMO EL DESIERTO can demand this compensation globally, depending on its temporal proximity to the beginning of the journey and in percentage of the travel price, regarding the following classification:
Until 43 days before the beginning of the journey: 15%
Until 29 days before the beginning of the journey: 25%
Until 22 days before the beginning of the journey: 35%
Until 8 days before the beginning of the journey: 50%
Until the beginning of the journey: 75%
After the beginning of the journey: 100%
9. Liability
If services are not fulfilled according to the contract the client can demand such deficiency to be remedied. TURISMO EL DESIERTO can deny it if the expenses are disproportional. TURISMO EL DESIERTO can find a remedy in such a manner that an equivalent compensation is provided which is reasonable for the client and if the deficiency was not caused contrary to good faith and the remedy does not produce an unacceptable alteration of contract.
10. Filing of claims
If the client asks for reduction and damages because of contractual liability, reimbursement of expenses or refund of the travel price after cancelling the tourist travel contract or after discontinuing the travel for other reasons, he has to claim these rights immediately towards TURISMO EL DESIERTO. Claims of the client for defects and contractual liability expire within six months. Claims for illegal action expire within three years. Place of jurisdiction is La Paz, Bolivia.
11. Limitation of liability
The contractual liability of TURISMO EL DESIERTO for damages is limited to the amount of the travel price if the damage is caused neither intentionally nor grossly negligently or if TURISMO EL DESIERTO is responsible for any damage only because of the default of a service provider. A claim for damages towards TURISMO EL DESIERTO is limited or excluded as - based on legal Bolivian regulations that have to be applied to services by service providers - a claim for damages towards service providers can only be asserted or is even excluded under certain conditions. TURISMO EL DESIERTO expressly points out that the touristic activities that the client undertakes with TURISMO EL DESIERTO (like jeep, car, bus or boat trips, flights, trekking, mountaineering, biking, rafting, wildlife-watching, jungle or expedition tours, etc.) are afflicted with increased accident, disease and robbery risk as well as the risk of damage of personal belongings and of unforeseen incidents. The participation in travels with TURISMO EL DESIERTO is therefore on clients own responsibility and at clients own risk. The client assumes complete liability for his physical and mental integrity as well as the care for his personal belongings. With his booking the client relieves TURISMO EL DESIERTO from any liability for accidents, diseases, loss and/or damage of personal belongings and unforeseen incidents. When booking for more participants, the applicant is liable for the contractual responsibilities of all participants.
12. Termination of contract because of extraordinary circumstances
If the realization of the travel is considerably handicapped, put at risk or affected because of extraordinary circumstances, which TURISMO EL DESIERTO is not responsible for (strikes, disturbances, street blockades, epidemics, natural disasters, extreme weather conditions and the like) so both the client and TURISMO EL DESIERTO can withdraw from the tourist travel contract respectively cancel it. For services already provided or still to provide TURISMO EL DESIERTO is entitled to claim a correspondent compensation. All additional costs that occur because of these extraordinary circumstances have to be assumed by the client. TURISMO EL DESIERTO refunds the paid travel price less the amount that cannot be reclaimed from the service providers. Further claims are excluded.
13. Entry and health regulations
The client is responsible for the compliance with passport, currency, duty and health regulations. All handicaps that occur for non-compliance with these regulations are for his account, even if these regulations should change after booking the travel.
Updated in April 2021
