Terms & Conditions
AYNI QUEST 2020
These are the Terms and Conditions (“T&Cs”) that will apply to your participation in our programs. Please read them carefully as you will be bound by them. Any person joining for a House of Ayni program is liable under these terms and conditions. These T&Cs shall constitute the entire agreement between House of Ayni and the Participant (defined below) relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The Agreement, defined below, is with House of Ayni, herein known as "the Organization". By booking a spot on our program, you agree to be bound by these T&Cs that govern the relationship, the cancellation policy and limitations of liability.
All persons wishing to join our programs have carefully read and fully understand the T&Cs that follow. By joining a program of the Organization or its agents, you accept on behalf of yourself and all those named on the program including minors and persons under a disability to be bound by these T&Cs. Securing a spot on our program is accepted and becomes definite only from the date when the Organization sends a confirmation invoice or email. It is at this point that an Agreement between the Organization and the Participant comes into existence. All person(s) named on the booking are hereafter referred to as the "Participant" and references to Participant shall be to all those so named.
The Organization, House of Ayni, and all related activities, trips and legal requirements hereby refers to and is represented by the individuals Lindsay Daniela Litowitz and Virginia Alonso Navarro. "Carrier" means the owner and/or any charterer and/or manager of the vessel or any other person, to the extent that it acts as a carrier or performing carrier (in accordance with the definition provided in the Athens Convention). "Conditions of Carriage" means the terms on which any transport is provided by a carrier including any carriage by sea, road, rail or air. The Carrier's Conditions of Carriage are available on request and are implicitly incorporated into this Agreement. The Carrier's and the Organization's liability for death and or personal injury and/or loss of and/or damage to luggage may be limited by international conventions including the Athens, Warsaw or Montreal Conventions. "Agreement" means the Contract concluded between the Organization and the Participant relating to the relevant program which is evidenced by the issue of the confirmation invoice sent by the Organization or one of its agents to the Participant.
Medical Conditions, Immunization & Special Requirements
The Participant must notify the Organization in writing during the process of signing up for a program of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and participation. Failure to notify the Organization may result in the Participant being refused travel. Failure to notify the Organization of any such condition that may result in the cancellation of a program, will result in the complete loss of all fees paid for the program with no refunds. Some programs may be unsuitable for Participants due to age, mobility, disability, pregnancy, physical or mental conditions. It is the Participant's responsibility to consult a licensed physician prior to booking. The Organization may refuse to carry pregnant women over 24 weeks or Participants with certain conditions. The Organization is not required to provide any special facilities unless it has agreed to do so in writing. The Organization will do its best to meet Participants' special requests including dietary requirements, but such requests do not form part of the Agreement and therefore the Organization is not liable for not providing or complying with these requests. Medical facilities vary from country to country and the Organization makes no representations and gives no warranties in relation to the standard of such treatment. The minimum age for Participants joining our programs is 18. By signing up for this trip, you agree to have made a realistic assessment of your health and find yourself capable of performing the activities described in the itinerary, not limited to walking/trekking in nature, climbing stairs, navigating uneven terrain indoors and outdoors, and are generally fit. Our trips are not wheelchair accessible.
The Organization works in the following global currencies: United States Dollar (USD$) and Mexican Peso (MXN$). The Organization reserves the right, however, to apply the currency of their choice to your program participation fee.
PAYMENT TERMS AND SCHEDULE
Deposit & Payment Policy
After receiving the registration form and the payment link you will have 7 working days to pay the full amount. If the payment has not been made in 7 days nor any other solution has been confirmed by House of Ayni, we reserve the right to open your spot for another participant on the waiting list.
Payment can be made via PayPal, bank transfer, or credit card. House of Ayni is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the program cost. All wire charges relating to the transfer must be paid by the Participant. If wire transfer fees are incurred by House of Ayni they will be subsequently billed to the Participant for settlement.
Cancellations by Participant
If it is necessary for the participant to cancel their participation in Ayni Quest, we must receive written notice via email as soon as possible after the event causing the cancellation takes place. The date of the initial written correspondence to House of Ayni regarding the matter will be the date applied to the calculation of the cancellation fee.
If you must cancel your reservation, your cancellation fee will be determined according to the policy outlined below. Exceptions to our cancellation policy cannot be made for any reason and percentage charges are calculated on total trip cost, not including insurance.
- Up to 60 days before the program start date: We will refund you 75% of the total program cost
- Between 31 - 60 days before the program start date: We will refund you 50% of the total program cost
- Between 30 - 15 days before the program start date: We will refund you 25% of the total program cost
- Less than 15 days before the program start date: We will not be able to refund you any of the total program cost
This policy exists because we must prepare for the program by making non-refundable payments for accommodation, transportation, local providers, food, etc. We make decisions based on projected cash flow for many aspects of the program and it is not fair to the organization and other Ayni Quest participants to recover costs within limited days. Due to the nature of our policy, we suggest highly recommend purchasing travel insurance from a third-party service provider so that you can be refunded by the insurance company should you need to cancel your trip.
Cancellations by Organization
The Organization reserves the right to cancel any trip for any reason, but will not cancel a trip less than 60 days before the start date except for Force Majeure, unusual or unforeseen circumstances outside the Organization’s control. When a program is canceled by the Organization before the agreed date of departure for any reason other than the fault of the Participant, the Participant can either: join a substitute program of equivalent or superior quality if the Organization is able and willing to offer such a substitute; or join a substitute program of lower quality if the Organization is able and willing to offer one and to recover from the Organization the difference in price between the price of the program originally purchased and that of the substitute program; or have a full refund of all monies paid under the Agreement as soon as possible.
The Organization is not responsible for any incidental expenses or consequential losses that the Participant may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Organization’s control, the Organization will in some circumstances offer compensation.
There will be no discounts or monies refunded for missed or unused services, which includes voluntary or involuntary termination/departure from a program, i.e. sickness, death of a family member, etc., late arrival on the journey, or premature departure either voluntarily or involuntarily.
PRICES, SURCHARGES AND TAXES
Prices, Surcharges & Taxes
The price of the journeys published may go up or down from the time of publication. The Organization recommends that the Participant finds out the most up to date price of their programs including the costs of any other service provided by the Organization at the time of securing their spot. If the increase would be 2% or less of the price the Organization will absorb the changes in its costs of providing the journeys. However, if the increase is more than 2% the Organization will pass this increase on to the Participant.
Where the increase in price is more than 7% of the Participant’s program price then in these circumstances the Participants may either:
- withdraw from the agreement without incurring any penalty; or
- accept the change of price.
House of Ayni reserves the right to change any of the facilities, services or prices described on the website before a program spot is secured by the Participant. If such a change is made, the Participant will be told at the time of booking or when the change occurs. While House of Ayni will endeavor to operate all programs as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Organization. If a change affects at least 50% of the itinerary (hereby defined as “Major Change”), the Participant may choose between accepting the change, obtaining a full refund of all money paid without being able to participate on the program or accepting an alternative program offered by House of Ayni. However, if a Major Change is due to force majeure or unforeseen circumstances, no compensation is payable. A “Force Majeure” is defined below in the section pertaining to "Factors Outside The Organization's Control".
Changes made by the Participant: Name changes cannot be made 60 days or less before program start date, and any name changes are subject to Organization approval and applicable fees. Any additional changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with any administrative fees.
All programs do not include international airfare, nor airport taxes and excess baggage charges. The Organization will suggest the best airfare price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by the Organization.
ACCEPTANCE OF RISK
Acceptance of Risk
The Participant acknowledges that the program may involve an amount of personal risk. The Participant hereby assumes all such risk and does hereby release the Organization from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to program commencement, the Participant may be asked to sign a liability form, which includes the following wording:
"I understand that traveling with House of Ayni may involve risks and rewards above and beyond those encountered on a conventional holiday trip. I have read and understood the House of Ayni Terms and Conditions for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to the House of Ayni representatives. I accept these risks and obligations and I fully assume the risks of travel. Optional Activities: I understand during my trip there may be opportunities to undertake activities which do not form part of the itinerary. I understand House of Ayni makes no representations about the safety or quality of the activity, or the standard of the independent operator involved in the running of it. I also understand House of Ayni is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and releases set out in the foregoing paragraph shall apply to such optional activities."
Hotels, shuttle services or other elements of a journey will be arranged by the Organization with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where excursions take place are often lower than comparable standards than what the Participant may reasonably expect at home. The Organization will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are inherently incorporated into the Agreement. These may limit or exclude liability of the supplier. The liability of the Organization will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Participant, this Agreement will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of the country have not been met.
The Participant acknowledges, understands and accepts that travel to a developing foreign country and/or remote area involves inherent risks and dangers, including, but not limited to:
- The maintenance or operation of any vehicle utilized to transport passengers;
- Transportation failures whether by airplane, train, auto, boat or other watercraft, horseback or other animal, by foot or by any other conveyance;
- Risks associated with food or impure water;
- Consumption of alcoholic beverages;
- Dangers associated with wild or other animals;
- Physical exertion;
- Stolen, lost or misplaced property;
- High altitude;
- Forces of nature;
- Civil unrest;
- Acts of terrorism;
- Accident or illness in remote regions without means of rapid evacuation or availability of medical supplies and facilities;
- Adequacy of medical attention once provided.
Authority on Trip
At all times the decision of the Organization's leaders or facilitators will be final on all matters likely to endanger the safety and well-being of the journey. By booking with the Organization, the Participant agrees to abide by the authority of the leaders or facilitators. The Participant must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Participant is affected by any condition, medical or otherwise, that might affect other people's enjoyment of the journey, the Participant must advise House of Ayni at the time of booking. Should the Participant fail to comply with the above or commit any illegal act when on the journey or, if in the opinion of the leader, the Participant's behavior is causing or is likely to cause danger, distress or annoyance to others the Organization may terminate that Participant's travel arrangements without any liability on the Organization's part and the Participant will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
TRAVEL DOCUMENTS AND IMMUNIZATIONS
The Participant must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the program, (passport must be valid at least 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Participant accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the program, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Organization regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Participant, and the Organization is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
It is the Participant's responsibility to check Visa requirements for each country of travel according to their nationality. The Visa requirements may change at any moment without prior notice and the Organization is not responsible for informing the Participant about this. We require you to check with the relevant consulate for entry/exit requirements, and to also verify visa requirements with the authorities prior to your trip. Although we are unable to arrange visas on your behalf, we’ve made it easy for you to obtain assistance with fulfilling your visa requirements through the services of Visa Central. You can conveniently do this by visiting: http://visacentral.com/
While the Organization may offer a list of suggested immunizations and travel health tips based on such publicly available sources as the United States Center for Disease Control and World Health Organization, we are not medical professionals and have no medical expertise. We strongly recommend that the Participant visits a medical professional before your trip; however, it is the Participant’s sole responsibility to arrange and determine any required immunizations and medical procedures needed before, during and after a trip.
Factors outside the Organization's Control ("Force Majeure")
The Organization shall not be liable in any way to the Participant for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Organization's failure to commence, perform and/or complete any duty owed to the Participant if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Organization the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Organization or the supplier of services, even with all due care, could not foresee.
Given the active, often remote and international nature of our adventures, and our strict refund policy, we recommend you purchase travel insurance. It is strongly recommended that all Participants obtain travel insurance with a (minimum of US$100,000 in Emergency Evacuation / Medical protection) while traveling with the Organization and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Participants should provide proof of Insurance purchase and adequate coverage as per the required amounts above.
The Participant acknowledges that the cost of the program does not include insurance, and that the Participant is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Participant must ensure the insurer is aware of the type of travel to be undertaken. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant. The Organization shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the Participant in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Organization or elsewhere, are not reimbursable. The Participant may also wish to insure their possessions. All items of value, including jewelry, electronics, sentimental trinkets, etc., should be left at home, unless they’re absolutely necessary for the trip. Hotel safes, storage rooms, and transportation vehicles do not guarantee their safety. Please note that neither hotels nor House of Ayni are responsible for lost or stolen items. Cell phones and passports should be kept with the Participant at all times. Losses due to ordinary wear and tear, and other Acts of God are not reimbursable. The Organization cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Organization such as hotels, home-stays, vessels, expedition vehicles, or any other mode of transportation.
House of Ayni, its affiliates, officers, members, agents, and assigns (collectively “House of Ayni”) does not own or operate any entity which is to, or does provide goods or services for your trip, including but not limited to hotels, airlines, transportation, guide service, activity providers, ground operations, food service providers, etc. All such entities and persons are independent contractors. As a result, the Organization is not liable for any negligent or intentional act or failure to act of any such person or entity. All trip services are subject to the terms and conditions specified by the supplier of such services and to the laws of the countries in which the services are supplied. The Organization is not responsible for the behavior of any other trip participants. The passage contract (Conditions of Carriage), when issued by the airlines concerned, shall constitute the sole contract between such airlines and the Participant. In addition, by making this reservation the Participant acknowledges they fully understand the nature and fitness requirements of the program for which they have signed up.
As agents, our responsibility is to organize and administer your program. Therefore, we shall not be liable for any personal injury, property damage, loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of:
- any act of omission of any of the suppliers
- any matter beyond our exclusive control, including for example acts or failures to act by governments, Acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, epidemics, quarantine, lack of medical attention in rural/urban areas, and theft.
The Participant acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By joining the program run by the Organization, the Participant acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Participant is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
House of Ayni does not allow Participants to carry any type of illegal drug on any of our trips. If the federal police checks and finds illegal drugs in a Participant's bag or on his/her person, House of Ayni will not be held liable. The Participant will be held liable and assume full responsibility for the consequences of carrying illegal drugs in a foreign country.
The Organization is not responsible for any improper or non-performance of any services forming part of the Agreement which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Agreement; unusual and unforeseeable circumstances beyond the control of the Organization and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Organization and/or the relevant supplier could not even with all due care have foreseen or forestalled. In the event that the Organization is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then the Organization limits its liability, where applicable by International Conventions.
Suppliers & Independent Contractors
Hotels, shuttle services or other elements of our programs will be arranged by the Organization with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Organization will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are implicitly incorporated into the Agreement. These may limit or exclude liability of the supplier. The liability of the Organization will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. Neither the Organization or any carrier is liable for independent contractors.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
Successors & Assigns
These Terms and Conditions shall inure to the benefit of and be binding upon House of Ayni and the Participant and their respective heirs, legal personal representatives, successors and assigns.
Errors & Omissions
Although House of Ayni has made a concerted attempt to verify the accuracy of statements made herein, House of Ayni cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on this website and in our communication.
Claims & Complaints
If a Participant has a complaint against the Organization, the Participant must first inform the Organization at the earliest opportunity to allow the grievance to be rectified. Failure to indicate dissatisfaction whilst on a program will result in the Participant's ability to claim compensation from the Organization being reduced or extinguished. If satisfaction is still not reached through these means while the Participant remains on the program, then any further complaint must be put in writing to the Organization within 15 days of the end of the program. The Organization will not accept any liability for claims received after this period.
Applicable Law & Dispute Resolutions
The Terms and Conditions including all matters arising from it are subject to the Mexican Law and the exclusive jurisdiction of Mexico. In no event will House of Ayni be liable for anything other than compensatory damages, and the Participant hereby waives all rights to punitive damages.
These Terms shall be legally binding upon the Participant, their family, heirs, administrators, executors and legal representatives. In accepting this document, the Participant is not relying upon any oral or written representations or statements made by the Organization other than what is set forth in these Terms. The Participant understands and agrees that in the event that any clause or provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining clauses and provisions of these Terms and will be construed as though the unenforceable clause or provision had never been contained in these Terms. These Terms and Conditions may not be amended or modified except in a writing signed by a duly authorized representative of House of Ayni.
Your privacy is important to us. House of Ayni is required to collect personal information (such as passport details) in order to plan programs. We will provide the Participant’s personal information, as well as any personal information the Participant provides in relation to the persons whose travel arrangements have been requested by the Participant, to suppliers and carriers to enable the operation of the services requested by the Participant. We do our utmost to protect the Participant’s personal information and will not share it with third parties (other than as required for booking air, hotel or other reservations as a part of the trip) without the Participant’s express written permission. By sending the Organization their initial deposit, the Participant is consenting to House of Ayni collecting and using their personal information as required to plan the trip and provide proper services.
Images, Videos & Marketing
The Participant agrees that during the program; images, photos or videos may be taken by other travelers and/or the Organization Staff that may contain the Participant in part or in whole. The Participant agrees that these images may be reproduced by the Organization and the Participant grants perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion and publicity purposes.