TERMS AND CONDITIONS

 

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Introduction ​

These Terms and Conditions govern the contracting of tourism services offered by Atacama Motorbike Tours SpA (hereinafter, “the Company”), and establish the legal framework governing the relationship between the Company and the clients (hereinafter, “the Client”). The contracting of any service implies full and unconditional acceptance of these Terms and Conditions. 

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1. Purpose of the Contract ​

This document regulates the conditions for the provision of adventure tourism services by motorcycle and associated vehicles in the Atacama Desert and other areas indicated in the itineraries. Acceptance of the service implies that the Client has read, understood, and accepted the information regarding itineraries, required physical conditions, mandatory equipment, and inherent risks. 

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2. Obligations of the Company ​

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The Company undertakes to: 

• Organize and coordinate the tour according to the informed itinerary. 

• Provide motorcycles and support vehicles in optimal working condition. 

• Inform clients in advance of the inherent risks of the activity and provide the Liability Waiver document. 

• Provide logistical assistance and specialized guides throughout the tour. 

• Comply with applicable regulations in matters of tourism, safety, and consumer protection in Chile. 

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3. Obligations of the Client 

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The Client agrees to: 

• Sign in advance the required contracts and documents, including the Service Acceptance Contract and the Liability Waiver. 

• Declare that they are in adequate physical and psychological condition to participate. 

• Obtain and present medical and/or travel insurance covering accidents, assistance, and evacuations. 

• Use mandatory personal safety equipment: helmet, motocross boots, technical clothing with protections, and gloves. 

• Follow the instructions of the guides and act responsibly at all times. 

• Respect traffic laws and environmental conservation rules. 

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4. Price and Payment Conditions ​

The Client declares to have paid the tour price according to the previously informed rate. Payments must be made in foreign currency through international bank transfer, with the Client bearing the bank charges and exchange rate differences. Where applicable, the VAT exemption provided for in Art. 12 No. 14 of the Chilean VAT Law for inbound tourism shall apply. 

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5. Cancellations and Refunds ​

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5.1 Right of Withdrawal (Art. 3 bis, Law 19.496) 
When the contract is concluded by electronic means (web, email, phone), the Client may exercise the right of withdrawal within 10 business days following the contracting, provided that the service has not yet begun. In this case, all amounts paid will be refunded in full, without penalties or deductions. 
 
5.2 Cancellation by the Client 
Outside the legal withdrawal period, the Client may cancel their reservation at any time, subject to the following refund conditions depending on notice:

 

• 30 days or more before the start: 100% refund. 

• 15 to 29 days before the start: 80% refund. 

• 6 to 14 days before the start: 60% refund. 

• 5 days or less before the start: 30% refund. 

 
All refunds will be processed within 14 calendar days following the cancellation, using the same payment method, unless otherwise agreed with the Client. 
 
5.3 Cancellation by the Company 
The Company may cancel the tour due to force majeure, insurmountable logistical issues, or failure to reach the minimum number of participants required. In such cases, the Client may choose between:

 

• Full refund of amounts paid. 

• Free rescheduling of the tour. 

• Credit valid for up to 12 months from the original date. 

 
5.4 Force Majeure Circumstances 
In the event of extreme weather, health emergencies, road blockages, or other unavoidable events that prevent the tour from being carried out as agreed, priority will be given to rescheduling. If this is not possible, a proportional refund will be made for services not rendered, deducting only the costs actually incurred up to the cancellation date. 
 
5.5 Voluntary Date Changes 
The Client may request a date change at least 20 days in advance, subject to availability. If the new tour has a different price, the corresponding difference will apply. 

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6. Liability Waiver ​

The Client acknowledges and accepts the inherent risks of adventure motorcycle tourism, including extreme weather conditions, challenging geography, and risks inherent to off-road riding. The Client releases the Company from liability for accidents, injuries, or damages suffered during the execution of the tour, except in cases of proven fraud or gross negligence. 

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7. Governing Law and Jurisdiction ​

For all legal purposes, this contract shall be governed by the laws of Chile. In case of dispute, the parties submit to the ordinary courts of Santiago, Chile, without prejudice to the inalienable rights of the consumer under their local legislation. 

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8. Complaints 

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The Client may submit complaints through: 

• Email: info@atacamamotorbiketours.com 

• Official Complaints Form. 

• Competent administrative bodies: SERNAC in Chile, as applicable. 

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9. Amendments ​

The Company reserves the right to modify these Terms and Conditions at any time. Modifications will be published on the website and will take effect from the date of publication.