Terms & Conditions

Terms & Conditions

Once you have decided on the itinerary you require, please carefully read the following Terms & Conditions. They will form part of your agreement with Argentina Auténtica Limited (‘Argentina Auténtica or ‘us’,). Argentina Auténtica’s registered office (company number 05565767) is Dellside, Summersdale Road, Chichester, PO19 6PN, UK. Argentina Auténtica operates out of the United Kingdom and specialises in travel to Argentina, Brazil, Chile and Uruguay.

When you make a booking with Argentina Auténtica Ltd you are making an offer to buy some of Argentina Auténtica’s advertised services. Argentina Auténtica reserves the right to refuse to accept and/or not to proceed with any booking at any time at their sole discretion. Once the contract is made between the two parties Argentina Auténtica will perform their obligations to you in accordance with their Terms & Conditions.

All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by Argentina Auténtica as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to Argentina Auténtica in accordance with the contract.

1) Your Contract with Argentina Auténtica Ltd.

(a) If you book only one component of a holiday with us (e.g. a hotel, without a flight), Argentina Auténtica acts only as a booking agent for the supplier concerned and accepts no liability for the provision of the service involved. 
(b) If you book with a travel agent and your booking with that agent includes, but is not limited to, Argentina Auténtica’s arrangements, your contract is with your travel agent and not with Argentina Auténtica. Argentina Auténtica is simply a supplier to your travel agent.
(c) In all other cases your contract will be with Argentina Auténtica.

2) ATOL: Your Financial Protection

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

3) Payment and Confirmation

(a) A non-refundable deposit that sums 30% of your total holiday cost must be paid upon booking and evidence must be provided of insurance cover. If, though, you book less than 2 months before departure, full payment will be required. 
(b) On our receipt of the applicable payment, Argentina Auténtica will issue a confirmation invoice, and it is at this stage that a binding contract comes into existence between you and Argentina Auténtica. Please note, though, that if you book a tailor-made itinerary, your accommodation, flights etc. will only be confirmed by Argentina Auténtica once your deposit has been received. Your confirmation invoice, in this instance, will indicate your requested package cost and you will be advised of any accommodation, flights etc. which are still on request and not confirmed at the time the confirmation invoice is issued. 
(c) Once a payment has been made, any subsequent request to have that payment refunded and to pay by an alternative means may require you to pay an administration fee. 
(d) Argentina Auténtica will try to obtain final confirmation of all your holiday components as soon as possible. In some cases, though, you may need to be patient. If a particular flight, hotel or similar cannot be confirmed you will be offered an alternative or, failing that, a refund. 
(e) It is your responsibility to check the confirmation invoice carefully and to let Argentina Auténtica or your travel agent know immediately in the event of any error. 
(f) The balance of your tour cost is payable not less than 2 months prior to the date of departure. If the final payment is not received on time, Argentina Auténtica will treat the booking as cancelled by you and will levy the cancellation charges set out in clause 9 below. 
g) i) Travel documents will be sent in good time before the departure of your holiday (approximately 2 weeks before departure), unless your booking is made within 6 weeks of departure, in which case final documents will be sent as soon as possible, made available for collection, or sent by courier upon the payment of a fee. Non-UK residents may incur an additional delivery charge. ii) Very occasionally you will be handed your internal flight/train/hotel vouchers by your tour manager/Argentina Auténtica representative on arrival at your holiday destination. 
(h) Argentina Auténtica has included in the relevant prices all government taxes which do not have to be paid locally. Those that have to be paid by you locally are extra and for your account (such as international airport departure tax).

4) Special Requests

Where special requests for flight seats, room allocation, diet considerations etc. are required Argentina Auténtica must be made aware of them in writing at the time of booking. Whilst every effort will be made to ensure that these requests are fulfilled, they cannot be guaranteed. Furthermore, Argentina Auténtica will not be liable for claims for consequential loss where written advice of special needs and requirements has not been received in writing at the time of booking. Where special requests for flight seats are passed on by Argentina Auténtica to an airline, the confirmation of seat numbers is at the discretion of the airline.

5) Your Travel Agent

(a) Any travel agent through which you make a booking will act to relay information from you to us and vice versa. Argentina Auténtica is not responsible for any failure by your travel agent to do this properly, or in good time, nor for any advice given to you by your travel agent which did not originate from Argentina Auténtica. 
(b) Any money you pay to your travel agent for your Argentina Auténtica booking will be held by the agent on our behalf until it is paid to us.

6) Insurance

It is a condition of your contract with us that you take out insurance at the time of, or prior to, making your booking, and let us have the details of this. It is your responsibility to ensure that you purchase a policy which provides cover suitable for the activities to be undertaken (as described in itinerary). Argentina Auténtica cannot be held responsible if you purchase an inadequate insurance policy. Non-European Union passengers should obtain equivalent insurance cover in their country of residence.

7) Alteration By You

(a) If you wish to make any amendments to your holiday after the confirmation invoice has been issued, you must inform us in writing and we will do our best to implement your request. In the event that we are able to do so, communication charges and other expenses will be payable by you together with an amendment fee of £35 per alteration per booking. However, if you (i) change to a different departure date, tour or destination or (ii) change your booking less than 2 months before departure, this will be treated as a cancellation and a new booking and you will be liable for the cancellation charges set out in clause 8. 
(b) If you wish to change any aspect of your tour after it has commenced, Argentina Auténtica and/or their agents will do their best to make the changes you have asked for, subject to you being responsible for any cancellation/retention charges that may be levied for the arrangements originally booked, for the cost of your new arrangements and for any costs incurred by Argentina Auténtica and/or their agents in attempting to secure or securing any revised arrangements. All such charges and costs are payable locally. 
(c) If you wish to transfer your booking to another person, you may do so provided the reason for the transfer is personal illness, the death or serious illness of a close family member, jury service, redundancy or unavoidable work commitments. Requests for a transfer must be made in writing at least 30 days prior to departure and must be accompanied by documentary proof of the reason for the transfer (e.g. a doctor’s certificate), full details of the person who will replace you, any outstanding balance due for the tour, a payment of £35 to cover our administration costs plus such amount as our suppliers will require to effect the change. Please note that, in some cases, suppliers such as airlines treat name changes as a cancellation, levying cancellation charges and requiring payment for a new ticket. These charges will be payable by you.

8) Alterations Made To The Scheduled Programme

(a) Holiday arrangements that are featured in our marketing materials are booked and planned many months in advance and changes may be necessary. Argentina Auténtica reserves the right to alter any of the prices, facilities or services described in its materials at any time before making a contract with you. Any such changes will be notified to you at the time you make your booking. 
(b) Argentina Auténtica also reserves the right to make changes to any of your holiday arrangements after a confirmation invoice has been issued. Such changes will normally be minor, but may be material – i.e. a change of scheduled departure time by more than 12 hours, a change of airport except between airports serving the same city/resort, a change to a lower standard of accommodation, a change of resort or a radical change of itinerary. 
(c) If there is a material change Argentina Auténtica will try to inform you or your travel agent as soon as practicable and will offer you the choice of alternative arrangements or a refund of all monies paid. In addition, unless the material change is caused by ‘force majeure’ or ‘low bookings’ (defined below), you will be entitled to receive compensation on the following scale:-

Period before departure when you
are notified of a material change

Compensation
per person

59-43 days

£10.00

42-29 days

£25.00

28-15 days

£45.00

14-8 days

£60.00

7-0 days

£75.0

Force majeure includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, acts of God, natural or nuclear disaster, fire, adverse weather conditions, level of water, technical or maintenance problems with transport and changes of schedules or operational decisions of transport providers, closure of airports or any unforeseeable or unavoidable event beyond the control of Argentina Auténtica or its suppliers. Low bookings is where an insufficient number of people book a tour for its operation to be financially viable. All group holidays offered by Argentina Auténtica require a minimum number of bookings before they will operate. 
(d) A minor change is any change which does not come within the definition of a material change set out in paragraph 7(b) above. Although Argentina Auténtica will try to notify you of minor changes, it is not obliged to do so, nor is it obliged to offer you the opportunity to change your booking, receive a refund or receive compensation. Minor changes include (but are not limited to) the following and Argentina Auténtica is permitted where necessary to arrange the same: (1) Changes to the scheduled destinations but not all of them; (2) Changes in the scheduled date and hour of arrival or departure provided that, where necessary, hotel accommodation and reasonable sustenance during any delay is provided to you at no additional charge; (3) Substitution of a named Guide and or Leader for another knowledgeable expert in the same field. 
(e) If, after you depart, it becomes apparent that a significant proportion of the arrangements you have booked cannot be provided, Argentina Auténtica will make suitable alternative arrangements at no extra cost to you and will, where appropriate and provided the change in your arrangements has not been caused by force majeure (see 7(c)), compensate you for the difference in value between the arrangements you should have received and the alternative arrangements made. In particular, because Argentina Auténtica neither owns, manages nor controls the accommodation / transportation that it uses, it is possible that Argentina Auténtica may be advised that your reserved accommodation is not available when you arrive at your destination. In this event Argentina Auténtica will endeavour to secure accommodation of at least the same standard in that destination. If only accommodation of a lower standard is available Argentina Auténtica will refund the difference between the prices of the accommodation booked and that received, and will pay £30 per person for any inconvenience caused. The amount will be paid on your return from holiday.

9) Cancellation By You

Should you wish to cancel your trip you must notify Argentina Auténtica in writing. Such notification will only be deemed to have been given on receipt of your letter, since we can only act on receipt. Please state the reason for your cancellation as you may be covered by your insurance policy. The following cancellation charges will apply: days before departure amount of cancellation charges notification received as a % of total trip cost.

Greater than 60 days

Deposit non-refundable

59 to 43

40%

42 to 29

60%

28 to 7

80%

6 to day of departure or later

100%

No allowance or refund can be made for meals, rooms, excursions etc., included in the price of your tour but not taken, nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.

10) Cancellation By Us

Argentina Auténtica tries never to cancel a client’s holiday, but must reserve the right to do so. In particular, Argentina Auténtica will cancel your holiday if you fail to make any payment by the due date. If Argentina Auténtica cancels your holiday for any other reason it will inform you or your travel agent as soon as practicable and you will have the option of choosing an alternative holiday of a comparable standard, if available, or receiving a prompt refund of all monies paid to Argentina Auténtica for your holiday. In addition, unless the cancellation has been caused by force majeure or low bookings (defined in clause 7 above), Argentina Auténtica will pay you the compensation amounts set out in the table in clause 7(c). If cancellation is because of low bookings you will be notified at least 42 days before departure. The only circumstance in which a holiday will be cancelled less than 30 days before departure is where it is cancelled by reason of force majeure.

11) Prices

Prices are quoted in Pounds Sterling and occasionally in US Dollars. Prices are subject to variation due to changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as embarkation of disembarkation fees at ports or airports, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and Argentina Auténtica, government action such as increases in VAT and any other government imposed increases, or the exchange rate supplied to the particular package. In the case of any small variation, an amount equivalent to 2% of the price of the travel arrangements, which excludes any amendment charges, will be absorbed or retained. For larger variations than this, 2% will still be absorbed for increases, but not retained from refunds. In either case there will be an administration charge of £1 per person together with an amount to cover agent’s commission. If this means that you have to pay an increase of more than 10% for the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.

12) Your Responsibilities

You have certain responsibilities with regard to your holiday booking, and these responsibilities are set out below. Argentina Auténtica will not be liable for any loss, damage, illness, discomfort or costs of whatever kind which you may sustain as a result of failing to discharge the responsibilities described in this clause:- 
(a) Visas: General information concerning visa requirements will be set out in our Travel Advice Documents. We will notify you of any changes to visa requirements, which occur before your confirmation invoice is issued, but please note that further changes could take place before you travel. We cannot guarantee the granting of any visa. Non-British citizens should check with their nearest consulate or embassy for visa requirements. All clients must obtain all necessary visas and relevant documentation prior to departure. 
(b) Passports: A full British passport (valid for at least 6 months beyond the end of your holiday) is required for travel. Please seek the advice of our travel consultants. 
(c) Health: Recommended inoculations for travel are set out in our Travel Advice Documents. We will notify you of any changes in these recommendations, which occur before your confirmation invoice is issued. However, further changes may occur at any time and you should consult your doctor on current recommendations before you depart. Health requirements for your holiday destination are outlined in DSS leaflet T1 and the Department of Health leaflet entitled ‘The Travellers Guide to Health’ (T4), both of which are available from ABTA travel agents and from the DSS. If you have any medical condition that may affect your ability to enjoy and pursue fully the arrangements you book with us, you must notify us immediately. Argentina Auténtica reserves the right, where appropriate, to ask you to provide written certification of your medical fitness prior to departure. It is your responsibility to ensure that you obtain all recommended inoculations, take all recommended medication and follow all medical advice in relation to your holiday.
(d) Documents: It is your responsibility to ensure that passports, visas, vaccination certificates and all other necessary documents are in order and, where appropriate, in your possession. It is also your responsibility to arrange adequate insurance cover for your tour (see clause 5 above) and to take relevant details of the policy with you. 
(e) Transportation: It is your responsibility to ensure that you arrive in good time to board all flights or other methods of transportation. To assist you, we will notify you of the times by which you should arrive at all points of departure. If you miss a flight or other transportation we will try to arrange alternative transportation, but reserve the right to recover from you any costs we incur in making such arrangements.
(f) Behaviour: You must not behave in a way which may cause distress or annoyance to others or which may create the risk of danger or damage to property. If you are subject to arrest, or are prevented from travelling at the discretion of an airline or other transport providers, or if you are evicted from a hotel at the discretion of the hotel management, Argentina Auténtica will not refund any portion of the cost of your holiday and, if Argentina Auténtica incurs any expense as a result of your behaviour, you will be obliged to compensate Argentina Auténtica for that expense.

13) Our Responsibilities

(i) Our obligations, and those of our suppliers providing any service or facility involved in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our suppliers’, obligations. 
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraphs (i) above and (iv) below, should any part of your holiday not be as described in the brochure. If we accept liability, we will, subject to paragraphs (v) and (vi) below, [pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any amendment charges), a refund of any directly attributable expenses, and a daily sum of £72 per person. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint taking into account all the relevant circumstances we will have regard, for example, to factors such as the price paid for the holiday and the extent to which the enjoyment of your holiday can be said to have been affected. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to you as compensation by us. 
(iii) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept liability subject to paragraphs (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) and (vii) below, pay you reasonable compensation. 
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the trip and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled. 
(v) Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions of any relevant International Conventions, which include the Warsaw Convention 1929 (including as amended by the Hague Protocol) the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your trip. 
(vi) It should be noted that our acceptance of liability in paragraphs (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause below relating to complaints. 
(vii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.

14) Transportation

Air, rail, road and other departure times are supplied by the carriers. They are subject to, interalia, air traffic control restrictions, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that departures will take place at the times shown either in our schedules or on your tickets. The timings are estimates only. Argentina Auténtica does not have any liability to you for any delays which may arise. Further, your dealings with all carriers are subject to the conditions of carriage of the carrier, some of which may limit or exclude liability. Where we are in a position to do so, we will give you information before you book concerning the airline on which you will fly, your airport of destination and the type of aircraft on which you will travel. However, if any of these details change subsequently, and you choose to cancel as a result, our normal cancellation charges will apply. Any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.

15) Complaints and Problems

If you have a complaint about any of the services or facilities provided in connection with your holiday arrangements booked with Argentina Auténtica, you must tell the relevant supplier and also tell Argentina Auténtica’s local representative or agent on site immediately. Alternatively, you should use the Argentina Auténtica emergency contact telephone number with which you will be supplied before your departure. That number will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that Argentina Auténtica have the opportunity to put matters right on the spot. If you fail to do this, any right to compensation, which you may have, will be extinguished or reduced. Baggage is deemed to have been delivered undamaged to you unless Argentina Auténtica receives written notice in the case of apparent damage, immediately upon arrival or re-delivery.

16) Arbitration

We realise that sometimes problems do arise. If you have a complaint please write to us within 28 days of your return to the United Kingdom. Your complaint will be investigated and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks. In the unlikely event that we do not reach an amicable settlement, the dispute, if you so wish, may be referred to arbitration by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on the basis of documents alone, with restricted liabilities on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking, or to claims which are solely or mainly in respect of physical injury or illness, or the consequences of such injury or illness.

17) Tour Inclusions and Exclusions

(a) What Your Price Includes From London:
1. Economy class on international/domestic flights where shown.
2. Standard class on rail, road and other transportation as described in itinerary.
3. In flight meals and/or refreshments according to flight timings.
4. 44lbs or 20kg luggage allowance or any lower or higher amount specified on your air tickets.
5. Transfers between the appropriate overseas airports/stations/ports and your hotels as specified in your itinerary and unless otherwise stated.
6. Twin sharing accommodation with private bath or shower and toilet in each room, where available.
7. Meals as described in the itinerary or price grid, as applicable.
8. Services of our local representatives / tour managers as applicable.
9. Excursions and tours where specifically detailed.

(b) What Your Price Excludes:
1. Travel insurance.
2. The cost of personal items such as laundry, drinks with meals or otherwise, incidentals etc.
3. Airport security charges if levied by any airport to cover the cost of security arrangements.
4. Airport departure taxes payable locally.
5. Optional excursions.
6. Cost of visas, passports.
7. Transport between your home and airport / port / station.
8. Gratuities for service provided on a personal basis.
9. Meals other than those specified.
10. The single or sole supplement payable on bookings where only one person is travelling and/or where a single room is required.
11. Flight supplements.
12. Optional extras.

18) Excursions/Representatives and Agents

(a) Excursions only form part of your holiday arrangements if they are described in the itinerary and purchased before departure. Game drives in wildlife reserves will be subject to the rules and regulations applicable to the particular reserve at the time of your visit and as laid down by the relevant government. Such rules and regulations are subject to change without notice and are beyond the control of Argentina Auténtica.
(b) Our acceptance of liability for the acts of our representatives or agents in clause 12 above is only binding if our representatives or agents are acting with our authority and/or performing their duties as described in the brochure. This excludes for example any social contact that you may have with them.

19) Law

Your contract with Argentina Auténtica and any matters arising from it shall be governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the courts of England and Wales.

Sept 2016