Terms & Conditions
Effective Date: April 01, 2023
Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” “your”) and TRAVOYAGE LLC (“Company,” “we,” “us,” “our”), a limited liability company registered in the State of Wyoming, USA. These Terms govern your use of the website SkyLodgeCabins.com (“Site”) and your booking of and participation in the Skylodge adventure tour and associated activities (“Tour”) operated in Cusco, Peru.
By accessing the Site and booking a Tour, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms. If you do not agree to these Terms, you must not use this Site or book a Tour.
Company Information:
• Legal Name: TRAVOYAGE LLC
• Website: SkyLodgeCabins.com
• Physical Address: 1404 W 44TH ST, HIALEAH FL 33012-7649, USA
• General Inquiries: info@SkyLodgeCabins.com
• Privacy Inquiries: privacy@SkyLodgeCabins.com
Article 1: Booking and Payment
1.1. Reservation and Full Payment: To secure a reservation for the Tour, full payment (100% of the total price) is required at the time of booking through the Site. Your booking is not confirmed until full payment is successfully processed and you have received a written booking confirmation from us via email.
1.2. Pricing and Currency: All prices are listed and charged in United States Dollars (USD). Prices are subject to change without notice, but the price for your Tour is guaranteed once your booking is confirmed.
1.3. Payment Method: We accept major credit and debit cards through our secure third-party payment processor, Stripe. By providing your payment information, you authorize TRAVOYAGE LLC and Stripe to process your payment. All transactions are secured with SSL encryption.
1.4. Billing Descriptor: The charge on your credit card statement will appear as “TRAVOYAGE LLC” or “SkyLodgeCabins.com”. It is your responsibility to recognize this charge. Unrecognized charges can lead to accidental payment disputes.
Article 2: Cancellation and Refund Policy
2.1. Strictly Non-Refundable: Due to the extremely limited capacity of the Skylodge, the high operational costs, and the significant opportunity cost of reserving your exclusive spot long in advance, all bookings are final, non-cancellable, and non-refundable. This policy applies to all cancellations, regardless of the reason, including but not limited to personal emergencies, illness, flight delays, changes in travel plans, or any other personal circumstances.
2.2. No-Shows and Late Arrivals: Failure to arrive for the Tour on the scheduled date and time will be considered a “no-show.” Late arrivals that result in missing the Tour departure are also considered no-shows. No refunds, credits, or rescheduling will be offered for no-shows under any circumstances.
2.3. Client’s Recourse via Insurance: We understand that unforeseen events can prevent you from traveling. For this reason, our Mandatory Travel Insurance requirement (see Article 4) is the sole and exclusive remedy for the Client to recover any costs associated with the cancellation of their trip. We will provide necessary documentation regarding your booking for you to submit a claim to your insurance provider.
2.4. Cancellation by the Company: We reserve the right to cancel or alter a Tour for reasons of safety, weather, political unrest, or other circumstances beyond our control. In such an event, our primary obligation will be to offer you the option to reschedule for a future date or provide a travel credit. No cash refunds will be issued.
Article 3: Participant Requirements, Health, and Assumption of Risk 3.1. Inherent Risks and Assumption of Risk: You acknowledge that participation in the Tour, which includes via ferrata climbing and ziplining at high altitude, is an inherently dangerous adventure activity. Risks include, but are not limited to, falls, altitude sickness, equipment failure, adverse weather conditions, and other hazards that can result in serious injury, emotional trauma, or death. By booking this Tour, you confirm that you understand these risks and voluntarily assume all responsibility for them.
3.2. Participant Requirements: All participants must:
* Be at least 15 years of age.12 Minors must be accompanied by a parent or legal guardian who accepts these Terms on their behalf.
* Be in good physical health and possess a moderate to high level of fitness suitable for strenuous mountain activity. This activity is not suitable for individuals with recent injuries, heart conditions, spinal problems, or other significant medical conditions.* Not have an extreme fear of heights.
* Adhere to the maximum weight limit of 120 kg (264 lbs).
3.3. Right to Refuse Participation: Our guides reserve the absolute right to refuse participation to any individual they deem, in their sole discretion, to be physically or mentally unfit to safely complete the Tour, or who appears to be under the influence of drugs or alcohol. No refund will be issued in such cases.
3.4. Liability Waiver: All participants are required to sign a legally binding liability waiver and assumption of risk form on-site in Peru before the Tour begins.17 Failure to sign this waiver will result in exclusion from the Tour without a refund.
Article 4: Manatory Travel Insurance
4.1. A Condition of Booking: The purchase of comprehensive travel insurance is a mandatory and non-negotiable condition of booking a Tour with TRAVOYAGE LLC.6 You must secure a policy prior to your trip and provide proof of insurance (policy number and insurer’s 24/7 emergency contact number) to our staff upon request. Failure to provide proof of adequate insurance may result in the cancellation of your booking without a refund.
4.2. Required Coverage: Your insurance policy must explicitly include coverage for:
* Trip Cancellation & Interruption: Coverage must be sufficient to cover the full, non-refundable cost of your Tour.
* Emergency Medical & Evacuation: High-limit coverage for medical expenses, hospitalization, and emergency medical evacuation, including helicopter rescue from a remote location.
* Adventure & Extreme Sports: The policy must explicitly cover high-risk activities, including via ferrata climbing and ziplining at altitudes over 3,000 meters.21 Standard policies often exclude these activities.
4.3. “Cancel For Any Reason” (CFAR) Coverage: We strongly recommend you purchase an optional “Cancel For Any Reason” (CFAR) add-on to your policy. A CFAR policy is the most effective way to protect your investment, as it allows you to claim a partial refund (typically 50-75%) from your insurer for reasons not covered by standard policies.
Article 5: Limitation of Liability and Force Majeure
5.1. Limitation of Liability: To the fullest extent permitted by law, TRAVOYAGE LLC’s liability for any claims, damages, or losses arising from your participation in the Tour shall be limited to the total amount paid by you for the Tour. We are not liable for any indirect, incidental, or consequential losses. This does not exclude liability for our own gross negligence or willful misconduct where prohibited by law.
5.2. Force Majeure: TRAVOYAGE LLC is not liable for any failure to perform its obligations where such failure is a result of acts of God, (including fire, flood, earthquake, or other natural disaster), war, political unrest, terrorism, government sanction, strikes, pandemics, or any other event or circumstance beyond our reasonable control (“Force Majeure”). In the event of a cancellation or alteration due to Force Majeure, no cash refunds will be issued. Your recourse is through your mandatory travel insurance policy.
Article 6: Governing Law and Dispute Resolution
6.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
6.2. Dispute Resolution: Any dispute arising from this agreement shall first be addressed by contacting us directly at info@SkyLodgeCabins.com. If unresolved, the dispute shall be resolved exclusively through binding arbitration in the State of Wyoming, USA.
6.3. Complaints Book (Libro de Reclamaciones): In compliance with Peruvian law, we maintain a virtual Complaints Book (Libro de Reclamaciones) for formal complaints related to the service provided in Peru.30 The filing of a claim in the Complaints Book does not preclude you from resorting to other means of dispute resolution as outlined in these Terms.
Article 7: General Provisions
7.1. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
7.2. Entire Agreement: These Terms constitute the entire agreement between you and TRAVOYAGE LLC and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
