GENERAL TERMS AND CONDITIONS OF SALE AND TRAVEL
Terralba — Receptive travel agency in Peru
Head office: Cusco, Peru — Applicable from January 1, 2026 — Summary version
PREAMBLE
These General Terms and Conditions of Sale and Travel (hereinafter “GTC”) govern all contractual relations between Terralba, a receptive travel agency under Peruvian law with its head office in Cusco, Peru (hereinafter “Terralba”), and any individual making a travel or tourist service reservation with Terralba (hereinafter “the Traveler”).
Any reservation implies the Traveler's full, complete, and unreserved acceptance of these GTC.
ARTICLE 1 — SCOPE OF APPLICATION
1.1. These GTC apply to all travel arrangements organized by Terralba, offered as private, tailor-made journeys.
1.2. Excluded from the scope of application are: international and domestic flights (subject to airline conditions), local public transport, and services from third-party agencies for which Terralba acts solely as a commercial intermediary.
1.3. In these cases, Terralba acts as an intermediary and cannot be held responsible for failures attributable to third-party providers.
ARTICLE 2 — TYPES OF TRIPS AND FORMATION OF THE CONTRACT
2.1. Two types of trips
Terralba offers two formulas:
Fixed-date group trips — scheduled departures, publicly displayed prices and dates
Private trips — flexible dates, private group (family, friends, colleagues)
2.2. Fixed-date group trips
Groups are composed of a maximum of 8 participants. The group rate applies from a minimum of 4 participants. Departure is guaranteed with 4 participants.
If fewer than 4 participants are registered, Terralba may:
offer the departure with a supplementary charge indicated on the relevant trip page, or
offer another itinerary with similar dates, or
fully refund the deposit paid within 15 days of the request, if none of the above proposals suit the Traveler
2.3. Private trips
Departure and return dates are freely set by the Traveler. The itinerary can be adjusted (addition, removal, or modification of services); a personalized quote will then be established.
2.4. Formation of the contract
The contract takes effect when Terralba expressly and unreservedly confirms the reservation, in writing, by email, or via the online form. This confirmation constitutes full and complete acceptance of these GTC.
2.5. Any special request (dietary requirements, accessibility, accommodation) is binding on Terralba only if it has been confirmed in writing.
2.6. The Traveler making a reservation for a group is deemed to be the agent for all participants and jointly and severally liable for the payment of sums due.
2.7. Description of services
Photographs and descriptions on the Website are illustrative and do not constitute a precise contractual commitment regarding the exact content of each service. Travel times are given as an indication.
2.8. Meetings and homestays
Some trips include meetings with local populations or homestays. Terralba commits to doing its utmost to ensure these encounters take place under the best conditions, particularly through guides capable of facilitating exchanges, but does not guarantee the exact experience from one family or day to another, as these families may have personal obligations (work, health, etc.) beyond our control.
ARTICLE 3 — PRICES AND PAYMENT TERMS
3.1. Prices
Prices are expressed in euros (€), per person, based on double occupancy accommodation, unless otherwise specified. Prices displayed on the Website are indicative until reservation confirmation.
3.2. First deposit
A 50% deposit is required upon receipt of the invoice and is a condition for reservation confirmation. Failing receipt within 7 calendar days, Terralba may cancel the reservation and apply the cancellation fees of Article 4.
3.3. Balance
The balance (50%) must reach Terralba no later than 45 days before departure. Failing this, Terralba may cancel the reservation without prior notice and apply the fees of Article 4.
3.4. Late bookings
For any reservation made less than 45 days before departure, the full price (100%) is due upon booking.
3.5. Group rate
Applicable from 4 participants (see Article 2.2).
3.6. Price modification
Terralba reserves the right to revise prices up to 20 days before departure in case of significant variations in transport costs, taxes, entrance fees, or exchange rates. For any increase exceeding 8%, the Traveler will receive details of this variation on a durable medium and will have a reasonable period to accept the increase or cancel their reservation, with a 70% refund of the sums paid being guaranteed.
3.7. Travel documents
Travel documents, as well as all information concerning accommodation, transport, and flight reservations, are provided within 30 days prior to departure, after full payment of the balance. Under no circumstances will this information be communicated before this deadline.
3.8. Domestic flights
When the trip includes domestic flights within Peru, these are booked upon confirmation of registration and are 100% non-refundable from their issuance, regardless of any subsequent cancellation date by the Traveler. This amount is added, if applicable, to the scale of Article 4.2.
3.9. Payment methods
Payment by international bank transfer or by credit card (Visa, Mastercard, American Express) or PayPal via the secure links provided. Bank charges related to an international transfer are borne by the Traveler.
ARTICLE 4 — CANCELLATION AND MODIFICATION CONDITIONS
4.1. Procedure
Any cancellation or modification request must be notified to Terralba by email. The date of email receipt serves as proof for calculating cancellation fees. Travel documents already issued are then considered void.
4.2. Cancellation fee scale
Time before departure. Cancellation fees
- More than 60 days: 30% of the total price
- From 59 to 30 days: 50% of the total price
- From 29 days to the day of departure: 100% of the total price
These fees apply regardless of the reason for cancellation and are, except in cases of force majeure covered by insurance, borne by the Traveler. They are covered by the mandatory cancellation insurance referred to in Article 11, under the conditions defined by that insurance.
4.3. Partial cancellation within a private group
When one or more participants in a private trip cancel their participation while the trip is maintained for the rest of the group:
For personal services (not shared) — individual guide, single room, nominative ticket — the scale of Article 4.2 applies to the canceling participant(s).
For shared services — vehicle, common guide, shared accommodation reserved for the entire group — a 100% fee, regardless of the cancellation date, is applied to the share of the canceling participant(s), as these services were committed for the entire group.
When several Travelers are on the same booking and one of them cancels, the corresponding fees are deducted from the sums paid for that booking, regardless of the initial payer.
4.4. Non-refundable services upon registration
Certain accommodations or services (specific excursions, courses, activities requiring early booking) may be non-refundable upon registration, regardless of the cancellation date. This mention, when applicable, is explicitly indicated on the quote or reservation confirmation, and is added to the scale of Article 4.2 (cumulative provisions).
4.5. No-show
Any Traveler who does not show up at the agreed meeting point, or who shows up without the required documents, is liable for 100% of the trip price, with no right to a refund.
4.6. Non-refundable external costs
In case of cancellation, for any reason whatsoever, external costs incurred by the Traveler (international flight tickets, visa fees, vaccination fees, etc.) are not subject to any refund by Terralba.
4.7. Contract assignment
The Traveler may assign their reservation to a third party meeting the same conditions, provided Terralba is informed at least 7 days before departure by email. This assignment may incur additional costs (particularly in case of modification of flight tickets or nominative services), charged to the assignee. The assignor and assignee are jointly and severally liable for the payment of the trip price and additional costs.
4.8. Modification at the Traveler's request
Any modification requested after confirmation (dates, itinerary, services) may be treated as a cancellation followed by a new registration, leading to the application of the fees in Article 4.2. Terralba will nevertheless endeavor to limit these costs as much as possible. These costs are not covered by cancellation insurance.
ARTICLE 5 — PROGRAM MODIFICATIONS BY TERRALBA
5.1. Minor modifications
Terralba may make minor modifications to the program (order of visits, equivalent category accommodation) without giving rise to compensation. The Traveler will be informed as soon as possible.
5.2. Substantial modifications before departure
In case of a substantial modification of an essential element (main destination, dates, accommodation category), Terralba will inform the Traveler as soon as possible. The Traveler will then have a reasonable period to accept the modification or terminate the contract and obtain a full refund of the sums paid, without any other compensation.
5.3. Insufficient number of participants
See Article 2.2 for the terms applicable to fixed-date group departures.
ARTICLE 6 — CANCELLATION AND INTERRUPTION OF THE TRIP
6.1. Cancellation attributable to the Traveler
Terralba is entitled to cancel the participation of a Traveler whose behavior disrupts the smooth running of the trip, endangers the safety of the group, or harms Terralba's reputation. No refund is due, and repatriation costs remain the responsibility of the Traveler, who cannot make any claim or request for compensation.
6.2. Force majeure
In the event of a force majeure event (natural disaster, epidemic, political unrest, acts of war, strikes, closure of borders or sites, administrative decision), Terralba cannot be held responsible for any resulting cancellation or interruption of the trip. In these cases:
no substitute trip is guaranteed;
any potential refunds are limited to sums actually recoverable from providers, less costs already incurred;
any additional costs (extended stay, early repatriation) remain the responsibility of the Traveler;
these situations must be covered by mandatory cancellation/repatriation insurance (Article 11).
6.3. Premature interruption at the Traveler's initiative
Any premature interruption of the trip for personal reasons (including illness or accident) does not entitle the Traveler to any refund for unused services. Terralba provides assistance in organizing repatriation, the costs of which remain the responsibility of the Traveler and must be covered by mandatory insurance.
ARTICLE 7 — MODIFICATIONS DURING THE TRIP
7.1. If a program modification occurs during the trip due to a failure attributable to Terralba, the latter will propose a substitute service of equivalent value.
7.2. If the modification results from a case of force majeure, a decision by local authorities, exceptional weather conditions, a delay or change in domestic flight schedule, or any event beyond Terralba's control, no refund or compensation is due. Any resulting additional costs are borne by the Traveler.
7.3. Terralba reserves the right to modify the order of visits, modes of transport, or accommodations during the trip for operational, safety, or availability reasons, without this constituting a breach of contract.
7.4. Interruption by guide's decision
Any trip may be interrupted by decision of the guide or expedition leader for duly justified reasons (safety, health, local conditions, traveler behavior). As this is a case of force majeure, no refund will be made by Terralba.
ARTICLE 8 — GUIDES' DECISIONS AND TRAVELER'S BEHAVIOR
8.1. Guides' decisions in the group's interest
Traveling in a group implies compromises to adapt to external circumstances, trip objectives, and each person's physical capabilities. In this context, Terralba's guides and escorts may be led to make decisions in the general interest of the group that may not correspond to the expectations of some participants. The good faith of the guides regarding this type of decision will never be questioned, and the Traveler agrees not to seek Terralba's liability for a decision made by a guide in the general interest of the group.
8.2. Traveler's behavior
The Traveler undertakes to adopt respectful behavior towards other participants, guides, local providers, and encountered populations, in accordance with local customs and Terralba's values.
8.3. Legal and health responsibility
The Traveler is solely responsible for complying with Peruvian laws and regulations, particularly customs, health, and environmental regulations.
8.4. Physical and medical fitness
The Traveler declares to be in good physical and medical condition to undertake the reserved trip. Terralba cannot be held responsible for medical complications related to an undeclared pre-existing health condition, particularly concerning the effects of altitude. It is recommended to consult a doctor before departure.
8.5. Optional activities
Any participation in optional activities not included in the initial program is solely at the Traveler's risk. Terralba disclaims all responsibility in case of accident, injury, or damage occurring in this context.
ARTICLE 9 — COMPLAINTS
9.1. Any complaint must be reported immediately on site to the guide or Terralba representative, to allow for a quick resolution. The Traveler must obtain written confirmation of any failure from the concerned provider.
9.2. Failing immediate reporting, Terralba cannot be held responsible for damages that could have been avoided or mitigated by prompt intervention.
9.3. Any complaint after the trip must be sent to Terralba by email within 30 days following the return date, accompanied by the written confirmation from the concerned provider and any useful supporting documents. After this period, the complaint is inadmissible.
9.4. The amount of any compensation is strictly limited to the price of services not provided or imperfectly provided, as assessed by Terralba based on the supporting documents produced.
9.5. Mediation
Failing satisfactory resolution within 60 days following the complaint, the Traveler may resort to amicable mediation before any legal action. The contact details of the applicable mediator are provided upon request to travelwith@terralba.voyage.
ARTICLE 10 — TERRALBA'S RESPONSIBILITY
10.1. General principle
Terralba undertakes to employ all reasonable means to ensure the proper execution of the agreed services. Its responsibility is engaged only in case of proven fault directly attributable to it.
10.2. Exclusions of liability
Terralba's liability is excluded in the following cases:
- negligence or wrongful behavior of the Traveler before or during the trip;
- loss or theft of airline tickets, expired or non-compliant identity documents;
- failures of independent third-party providers (airlines, hotels, carriers);
- unforeseen and insurmountable incidents or events caused by a third party unrelated to Terralba: wars, political unrest, strikes, technical incidents, air traffic congestion, bad weather, delays or breakdowns;
quality of local infrastructure (networks, telecommunications, sanitary evacuations) or level of locally available medical services; - cases of force majeure as defined in Article 6.2;
non-compliance by the Traveler with health, customs, or entry requirements for the country.
10.3. Compensation ceiling
In any event, Terralba's financial liability is capped at 70% of the total price of the trip actually paid by the Traveler. No compensation for moral damages, loss of earnings, or any other indirect damage may be claimed.
10.4. Bodily injury
Terralba is not liable for bodily injury of any kind, as each participant in Terralba's trips must be duly insured for all activities planned during the trip.
10.5. Safety
Terralba reserves the right to modify planned dates, times, or itineraries if the Traveler's safety cannot be ensured.
ARTICLE 11 — INSURANCE
11.1. The subscription to cancellation and assistance-repatriation insurance (medical expenses abroad) is mandatory for participation in any Terralba trip, and imperative for any stay of 7 nights or more. The Traveler must be able to provide proof of this coverage upon request before departure.
11.2. Failing justification, Terralba reserves the right to refuse the Traveler's boarding, without the Traveler being entitled to a refund.
11.3. It is strongly recommended to also subscribe to insurance covering medical expenses, baggage theft, accidents, and civil liability abroad.
11.4. Terralba in no way substitutes itself for the Traveler's insurer nor covers expenses falling under the latter's coverage.
ARTICLE 12 — ENTRY FORMALITIES, VISA AND HEALTH
12.1. The Traveler is solely responsible for obtaining the required documents (passport valid for at least 6 months after return, visas, vaccination certificates). Terralba may provide indicative information upon request, without contractual obligation.
12.2. The impossibility of boarding due to a lack of valid documents does not entitle the Traveler to any refund and leads to the application of the cancellation fees in Article 4.2.
12.3. The Traveler is personally responsible for complying with the health and customs regulations of Peru and transit countries. Travelers are advised to consult the country fact sheets of their foreign ministry before departure and until the departure date, as this information may change.
12.4. Repatriation costs in case of refusal of entry into Peruvian territory remain entirely the responsibility of the Traveler.
ARTICLE 13 — MINORS
13.1. Any registration concerning a minor must be made by the father, mother, or legal guardian and bear the mention “agreement of the father, mother, or guardian”.
13.2. Depending on the destination, minors traveling without their parents or guardians must be in possession of a valid authorization to leave the territory, in addition to the required identification documents.
13.3. A telephone number and contact address allowing direct communication with the minor or their responsible adult must be provided to Terralba before departure.
13.4. For minors traveling with a parent, guardian, or other responsible adult, it is up to that person to ensure they have the necessary documents allowing the minor to leave the territory (identity card or passport, and exit authorization if required).
ARTICLE 14 — AIR TRANSPORT
14.1. Terralba does not sell international airline tickets. The Traveler is solely responsible for their journey to Peru and their return.
14.2. When the trip includes domestic flights within Peru, Terralba will communicate the identity of the concerned carrier(s) to the Traveler within thirty days prior to the trip, and any subsequent modifications of which it becomes aware before departure.
14.3. The general conditions of carriage of the airlines apply in addition to these GTC. In case of modification (schedules, itinerary, stopovers) resulting from technical, climatic, political incidents or strikes beyond Terralba's control, and if the Traveler decides to give up their trip, the cancellation fees of Article 4.2 apply to them.
14.4. Reconfirmations of return flights remain the sole responsibility of the Traveler.
ARTICLE 15 — PERSONAL DATA AND PHOTOGRAPHS
15.1. Personal data collected is processed in accordance with our Privacy Policy and applicable data protection legislation.
15.2. The Traveler authorizes Terralba to use photographs taken during the trip for communication and promotional purposes, unless express written objection is notified before departure.
ARTICLE 16 — INTELLECTUAL PROPERTY
All content on the terralba.voyage website (texts, photographs, programs, logo) is protected by intellectual property law. Any reproduction, even partial, is prohibited without prior written authorization from Terralba.
ARTICLE 17 — APPLICABLE LAW AND JURISDICTION
17.1. These GTC and any contract concluded with Terralba are governed by Peruvian law.
17.2. In case of dispute, the parties undertake to seek an amicable solution, including through mediation (Article 9.5), within 60 days.
17.3. Failing amicable resolution, any dispute relating to the interpretation or execution of these GTC is subject to the exclusive jurisdiction of the courts of Cusco, Peru, which the Traveler expressly accepts by virtue of their reservation.
ARTICLE 18 — PRACTICAL INFORMATION
Altitude and acclimatization — Trips to Peru involve stays at high altitudes (up to 4,000 m and more). Symptoms of altitude sickness may affect some travelers. Itineraries are designed to promote gradual acclimatization. It is recommended to consult a doctor before departure.
Recommended vaccines — Tetanus, Hepatitis A and B, Typhoid. Yellow fever is mandatory if visiting Amazonian areas.
Currency — The Peruvian Sol (PEN) is the official currency. Dollars and euros are accepted in major cities. A commission of 5 to 10 USD is generally applied to ATM withdrawals.
Tips — Tipping is customary in Peru. A contribution of 5 to 10% of the service amount is recommended if satisfied.
Terralba — Cusco, Peru
These GTC come into force on January 1, 2026, and replace all previous versions.