CONDITIONS OF THE RAILWAY TRANSPORTATION CONTRACT
Contract Terms: OPERATOR: transportation company // CLIENT : Transported client being an adult or child // TICKET : client ticket/receipt for purchasing the transportation service.
1. Upon purchasing the ticket, the client accepts all present terms and conditions.
2. No agent, employee or representative is allowed to partially or totally correct, modify, restrict or supplement the terms of this contract.
3. The ticket is personal and is non-transferable and cannot be repurchased by a third person.
4. The operator will undertake with his best efforts to take the client and his baggage with reasonable celerity careful attention and efficiency. Hours shown on timetable or elsewhere are not guaranteed.
5. The present contract of carriages are subject to the Peruvian Legislation and Railway regulations
6. Each client must present the ticket and identification when boarding the train. In case of children with no identification card, traveling with adults, the Operator will presume that all data provided by the adult is true. The Operator reserves the right to check the ticket prior departure and during the trip.
7. If the Client refuses to show a valid identity document, in order to verify the ticket information, he or she will be disembarked or will not be allowed to board. The right of reimbursement will be lost.
8. The Operator is not responsible, if the client is refused access to the purchased train service due to incomplete or missing proof of personal documentation, before, along or after the trip.
9. The Operator reserves the right not to transport people in inadequate health, neither expecting women (with 7 months or more of pregnancy).
10. The ticket includes the transportation of the client and one hand luggage (bag or backpack) with a maximum weight of 5kg/11pounds and a maximum size of 62 inches/157cm (length + height + width) on the carriages provided for its purpose. Blocking exits is prohibited by law. It is only permitted to transport big and heavy items or luggage on the trains when a luggage car is available, according to the Operator’s regulations.
Special conditions in case of misfortune:
11. In case of a loss of ticket, the Operator will be able to issue a new ticket and ask to be paid the corresponding fee. This procedure must be done at least 60 minutes before the departure of the train: otherwise that client will considered as a no show.
12. If any previous plane or bus transportation is delayed due to bad weather, the Operator will verify the event and will offer the possibility to change the date of travel, depending on availability in the same service purchased and without any extra cost to the client, but will not refund any ticket.
13. The Operator does not guarantee, and will not be responsible for, any changes or delays which may occur before or after the trip, or any other unexpected circumstances which could be beyond the control of the Operator. 14. The operator does not guarantee or will not be responsible for personal injuries or baggage damage or delays in the deliverance of it, when such changes or delays are a result of situations beyond the control of the Operator and/or any supplier. In cases where circumstances demand it, the Operator may, without previous warning, substitute the means of transportation for an alternative or complementary one, without assuming responsibility. The Operator may, without notice, substitute alternate transport and may alter and omit stopping places and timings shown in ticket or timetable. In case of necessity, schedules are subject to change without notice.
15. Weather conditions, natural disasters and/or mechanical failures, can cause delays and/or non-schedule stops. The operator has no obligation and is not responsible if the delay and/or non-scheduled stop or stops are beyond the Operators control.
16. If the service given by the Operator, for any reason is not completed, the Operator must give facilities to the client, such as an alternative transportation, for him/her to be able to conclude the trip at no additional cost or, according to circumstances return to the starting point, with no responsibility of the Operator.
17. Likewise if the client, without an existent or imminent situation of danger, for any cause and/or reason, decides to disembark from the train before the final destination, it will be under his/her own risk and responsibility. If any other form of transportation is provided by the Operator to ensure that the client and its baggage are transported without delay or danger, and the client, in disagreement, decides not to use it, this will be done under the client’s own risk, responsibility and cost, with out any liability for the Operator.
18. The Operator assumes no responsibility for plane connection losses or hotel no show penalties or other subsequent services arrangements, when they are caused by incidents beyond the Operator’s control, as the ones described in rules 13 to 18 of this contract.
Conditions for reimbursements of the train tickets:
19. If there is a cancellation of a service by decision of the Operator, the client for whom a ticket was issued, has the right to claim for the total refund of the amount paid. This will be possible only by showing the original ticket.
20. Clients not showing up for any scheduled services, at the train station, or any intermediate train stations, WILL AUTOMATICALLY LOSE ALL THE RIGHTS OVER THE PURCHASE OF THE TICKET. In this case, reimbursement will not be possible.
21. In case the client declares the intention to cancel, rescheduling or rearranging the service, it has to be done at least 24 hours in advance from the scheduled service date and time, at the Operator’s sales office. Changes are subject to availability. Petitions for refund of paid amounts have to be done with the same anticipation. Requirements for cancellations, rescheduling or refunds will have a penalty of 10 % of the original paid amount, and will be done at the sales office in Pachacuteq Avenue, Wanchaq Train Station, Cusco.
22. The Operator reserves the right to refuse to transport any client who has acquired a ticked in an illicit way or has an illegal, damaged ticket which is in any way a violation of the law or the rules and regulations settled by the Operator, or to any person under the influence of alcohol or drugs, or in any way not eligible for transportation, or potentially dangerous to himself and/or any other clients. In addition, the Operator reserves the right to deny transportation to any person selling products or goods without proof of proper Operator’s authorization.
23. The Operator reserves the right to check physically all baggage which could indicates some form of threat or danger to its clients and workers.
24. Items that are not allowed to be transport:
• Weapons, ammunitions, explosives, flammables or any other hazard objects that constitute a danger or risk to clients, baggage and/or cargo.
• Objects and animals that for their size, weight or any other characteristics would cause disturbance to other clients inside the cars, or would constitute an obstacle in the event of an emergency evacuation.
• As mentioned on the previous paragraphs, the ticket includes the transportation of the Client and one hand luggage (bag or backpack) with a maximum weight of 5kg/11pounds and a maximum size of 62 inches/157cm (length + height + width) on the carriages provided for its purpose. Blocking exits is prohibited by law. It is only permitted to transport big and heavy items or luggage on the trains when a luggage car is available, according to the Operator’s regulations.
• Clients are allowed to carry a limited quantity of medicines and personal care articles.
• Prior of including any item in your hand baggage, please make sure they are all permitted by the operator.
• Many of the aforementioned articles may be transported by rail under certain special conditions and only for a special rail cargo tariff. (TAKE OUT)
• The Operator reserves the right to alter such tariffs and the dimensions of the allowed baggage.
• The Operator may add a surcharge for any excess over such capacity and may use a difference train frequency to transport the overloading luggage.
• The passenger should not include in his luggage valuable articles (money, jewels, etc.), fragile or delicate items: the company is not responsible for paying any indemnifications should these articles be lost or damaged.
Seat and/or Service changes:
• When operational or technical reasons obligate the Operator to relocate the clients onto a different service or train frequency, the Operator will try its best to contact the client and make the necessary arrangment wherever and whenver possible. It it is an act of God the operator will not be liable but shall try within its limits to make the necessary arrangements.
• According to the Peruvian Regulation (Law Nª 27357), it is prohibited to smoke on board.
• Smoking is only permitted in the open areas on trains with Observation Bar Carriages the trains being currently: the Hiram Bingham or Andean Explorer trains. Smoking in lavatories or elsewhere is prohibited.
The ticket is valid for one-year. After one-year from the date the ticket was issued, the Client will lose the value of the price paid for the ticket. Once it expires the Client will lose any right to a reimbursement.
• The following people and items will not be granted train transport:
- Clients found in an intoxicated state, either because of alcohol, drugs or other substances.
- Clients whose physical state or health is not compatible with the trip.
- Weapons, munitions, explosives, inflammable substances or any other object that could be deemed dangerous for the clients, the crew or the cargo.
- Clients that transport any of the objects mentioned in the previous paragraph.
- Objects that make the clients uncomfortable due to their size, weight or other characteristics.
• The Operator will not be liable and will not be responsible for the health or the physical state of the Client that travels in its trains, nor for any accident or problem that could occur to him as a consequence of this condition.
• Any complaint about baggage should be logged immediately after the train departure at the arriving station.
• If the Operator believes that it is convenient to disembark any client at a determinate place, after having begun train travel, the Operator will only reimburse the client for the value of that part of the trip which corresponds to the distance not traveled from the original station specified on the ticket.
• Departure times are subject to change because of weather conditions, technical reasons, route conditions or acts of god.
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Every time you purchase a ticket at PeruRail.com and provide information of a personal nature, no matter where you are, your browser will connect to our site via the SSL protocol, which affirms that you are really at PeruRail.com and using our servers (which will be made apparent through the appearance of the HTTPS code in the address bar of your browser). This way, a method of encoding your information and a unique session password are established. This technology allows your personal information (such as your name, address and credit card information) to be encoded prior to your transaction, so that it cannot be read as it travels over the Internet.
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• Any problem or doubt regarding the validity, application or interpretation of the information available on our website shall be resolved by the courts of justice of Lima, Peru, in accordance with Peruvian Law. Notwithstanding the aforementioned, should litigation be necessary PeruRail reserves the right to take the case to court in the client's home country and in accordance with the laws applicable to this promotion in said jurisdiction.
After the online payment procedure, PeruRail’s reservation system will issue an evoucher that is required to be printed, because it is the only payment receipt the clients will have until they exchange the evoucher for an embarkation ticket.
Embarkation Ticket pick up
Pleasel proceed to any ticketing office located at the train stations to collect your ticket/s. This is a personal procedure (please take your Identification Card along) and must be done at least an hour before train departure.