TERMS AND CONDITIONS

1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE

This Document (hereinafter “General Terms and Conditions”) regulates the access and use of the Internet portal called TOURS RED CAR S.A.C (hereinafter, the “Portal”) that the company TOURS RED CAR S.A.C (hereinafter, “THE COMPANY”); makes available to its Internet Users.

The use of the Portal attributes to the visitor the condition of client of the Portal (hereinafter, the “User”) and implies his full and unreserved acceptance of each and every one of the provisions included in this document. Consequently, the User must carefully read these “General Terms and Conditions” each time he/she intends to use the Portal, since they may be subject to modifications.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE PORTAL AND/OR THE SERVICES OFFERED.

2. PURPOSE

Through the Portal, THE COMPANY provides Users with access to information and the acquisition of various tourist experiences (hereinafter, the “Services”) made available by THE COMPANY itself or by third parties.

3. CONDITIONS OF ACCESS AND USE OF THE PORTAL

3.1. User Registration

In general, access to the information on the Portal does not require prior subscription or registration by Users. However, THE COMPANY conditions the acquisition of the Services it offers to the prior completion and subsequent submission of the corresponding User registration, which is available to those Users who wish to register and acquire any service. Likewise, THE COMPANY makes available to Users some Products / Services whose acquisition requires the completion and subsequent submission of additional registrations.
By registering as such on the Portal, the User accepts the right of THE COMPANY to communicate with him/her by all possible means and methods, including electronic means, until he/she requests the cancellation of his/her account with THE COMPANY or of the requested services, or as far as the applicable legislation on the matter allows.

3.2. Veracity of the information

All information provided by the User to THE COMPANY must be truthful. For these purposes, the User guarantees the authenticity of all data communicated as a result of filling out and subsequently sending to THE COMPANY the forms necessary for his/her subscription and subsequent acquisition of a Service. Likewise, the User will be responsible for keeping all information provided to THE COMPANY permanently updated so that it reflects, at all times, his/her real and current situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to THE COMPANY or third parties by the information provided.

3.3. Minors

The acquisition of our services offered on the Portal by persons who lack legal capacity to contract and/or minors (under 18 years of age) is prohibited.

By accessing the Portal, the User confirms that he or she is over 18 years of age.

The Portal is constantly evolving, so there are Users with different experiences and backgrounds. Although THE COMPANY can monitor and take action regarding inappropriate behavior by other Users or third parties on the Portal, it is possible that at any time language or other accessible materials may be presented that may be inappropriate for minors or offensive to other Users. These General Terms and Conditions indicate rules of conduct for other Users, but THE COMPANY cannot guarantee that other Users will comply with them.

3.4. Obligation to make correct use of the Portal and the Services.
The User undertakes to use the Portal in accordance with the applicable Law, these “General Terms and Conditions” and other notices, regulations of use and instructions made known to him/her, as well as in accordance with public order, morality and good customs.
To this end, the User:

• a) Must not use any illegal, threatening, abusive, obscene, pernicious, defamatory, vulgar, harassing, hateful, racist, ethnically offensive or objectionable language against another User or THE COMPANY, or any language that is considered inappropriate or contrary to morality and good customs.
• b) Must not threaten, harass or cause distress to another User or third parties or encourage unwanted attention from other Users, as interpreted or determined by THE COMPANY at its sole and absolute discretion.
• c) Must not participate in any association or group of Users that is based on or advocates a racist, sexist, anti-religious, anti-ethnic or any other philosophy that encourages resentment, hatred or discrimination.
• d) Must not publish comments that contain allusions to pornographic content and less even child pornography. In the latter case, THE COMPANY will report such events to the competent authorities. Likewise, THE COMPANY shall not allow the incitement to practice an obscene act.
• e) You shall not in any way encourage, incite or direct other Users to violate the General Terms and Conditions or any applicable law in the real world.
• f) You shall not use the Portal for any illegal purpose.
• g) You shall not advertise or provide links to any website other than THE COMPANY’s and especially to any site that contains sexual or illegal material, content that may damage or deteriorate another User’s personal network, computer, and/or content that violates these General Terms and Conditions.
• h) You shall not take undue advantage of any problem, function, or design of the Portal or the Services offered. You shall not directly or indirectly inform another User of the existence of such a problem. Likewise, you must not intentionally use and/or share information, whether real or fictitious, or even attempt to do so, or if this provides an unfair advantage.
• i) You must not provide false information or intentionally hide any information from THE COMPANY, such as email addresses, account information, etc.
• j) You must not attempt to interfere with, hack or decipher any transmission from THE COMPANY’s servers.
• k) You must not infringe the industrial or intellectual property rights of THE COMPANY or third party owners. The User must not upload, transmit or communicate material protected by copyright.
• l) You must not attempt to reproduce or copy any service, information, content or Service offered by THE COMPANY.

Failure by the User to comply with any of the preceding conditions, or any other conditions contained in these General Terms and Conditions, will immediately result in the User being prevented from accessing the Portal, the suspension or termination of his or her account on the Portal if he or she is a Registered User, and the corresponding complaint to the relevant authorities, if applicable. THE COMPANY shall not be liable for any damages or losses of any kind that a User may suffer due to the trust placed in another User and/or third party. THE COMPANY reserves the right to review, at any time and without prior notice, on its own initiative or at the request of a third party, the content transmitted, disseminated or made available through the Portal and to prevent its transmission, dissemination or making available, and in any case to eliminate it, if such content, in its opinion, is contrary to the provisions of these General Terms and Conditions.

3.5 Disciplinary actions and user termination.

THE COMPANY has the ability to issue warnings, temporary suspensions and permanent cancellations (termination) of registered Users for violations of these General Terms and Conditions, as well as the specific terms and conditions and/or any notices, rules of use and instructions made known to the User by THE COMPANY. In this regard, THE COMPANY reserves the discretion regarding when and how to impose warnings, sanctions and/or disciplinary actions. The severity of a breach and the number of occurrences are taken into account in the decisions, but these are not the only measures used.

4. NO LICENSE TO USE INTELLECTUAL PROPERTY.

All trademarks, trade names or distinctive signs of any kind that appear on the Portal are the property of THE COMPANY or their respective owners, and it cannot be understood that the use of or access to the Portal and/or the Services offered grants the User any right over the aforementioned trademarks, trade names and/or distinctive signs. In all cases, the use of trademarks, trade names or distinctive signs of third parties on the Portal is solely for informational purposes for Portal Users and consumers in general.

Likewise, the content, images, reviews, texts, designs and other Intellectual Property Rights that appear on the Portal are the property of THE COMPANY or their respective owners and/or authors, and their right of use, reproduction, distribution, commercialization, modification or commercial exploitation in any way cannot be understood as being transferred to the User. Pursuant to the provisions of these “General Terms and Conditions”, none of the rights existing or that may exist in the future on said content, images, reviews, texts and other Intellectual Property Rights may be used by the User beyond what is strictly necessary for the correct use of the Portal and the acquisition of the Services offered, and always under the principles of good faith and honest use of the same.

THE COMPANY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE VIOLATION OF DISTINCTIVE SIGNS OR INTELLECTUAL PROPERTY RIGHTS BY USERS AND/OR THIRD PARTIES.

5. EXCLUSION OF WARRANTIES AND LIABILITY

5.1. Exclusion of warranties and liability for the operation of the Portal.

THE COMPANY does not guarantee the availability and continuity of the operation of the Portal; but will do its best to keep it accessible on a continuous and regular basis for Users. THE COMPANY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTAL, AND IN PARTICULAR, BUT NOT EXCLUSIVELY, TO FAILURES IN ACCESS TO THE DIFFERENT WEB PAGES OF THE PORTAL.

THE COMPANY works under a secure environment scheme, but does not guarantee the privacy and security of the use of the Portal and, in particular, does not guarantee that unauthorized third parties cannot gain knowledge of the type, conditions, characteristics and circumstances of the use that Users make of the Portal.

5.2. Exclusion of guarantees and liability for the Contents.

5.2.1. Quality.

THE COMPANY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR OTHER MALICIOUS ELEMENTS IN THE CONTENTS THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.

6. PROTECTION OF PERSONAL DATA

In order to use the Portal, in some cases Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. Once the User’s data has been registered, THE COMPANY will not sell, rent or share personal information, except in the ways established in its policies, and as long as it has authorization from the owner of the personal data to do so. It may happen that, by virtue of court orders or legal regulations, THE COMPANY is forced to reveal information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions, in which case THE COMPANY will not be liable for the information that is revealed.

The User, by simply registering on the COMPANY Portal, agrees that the latter may send all kinds of advertisements and publicity (including, but not limited to, commercial emails, brochures, letters, etc.) to his/her declared physical and/or virtual address, with news, offers and promotions of the services it provides. Likewise, provided that he/she has previously accepted this, advertisements and publicity (including, but not limited to, commercial emails, brochures, letters, etc.) will be sent to his/her declared physical and/or virtual address, with news, offers and promotions of the products/services provided by third parties other than THE COMPANY.

In any case, if the User does not wish to continue receiving such communications, he/she may revoke the authorization to receive them granted hereunder, for which he/she must contact THE COMPANY through the Portal, in order to be removed from its database.

You can find out more about our privacy policies on our Privacy Policy page

7. SYSTEM REQUIREMENTS

By using the Portal, the User accepts that the hardware, software and Internet access play a crucial role in his/her browsing experience. In that sense, the User accepts that THE COMPANY is not responsible for any issues related to the User’s own hardware, software or Internet access, and therefore exempts THE COMPANY from liability for such issues.

The User is the sole and complete responsible for the costs of the Internet connection, as well as for all the equipment necessary for it, its review, repair or correction and any other costs or expenses for the maintenance of the same.

8. SERVER DOWNTIME

There will be regular periods of server maintenance, as well as Portal maintenance. THE COMPANY will do its best to limit server downtime to 12 hours. However, THE COMPANY is not responsible for any damage suffered by the user as a result of maintenance or other server or Portal downtime. The user agrees to hold THE COMPANY harmless for any damage suffered, including loss of profits and consequential damages that may be caused by such events.

THE COMPANY shall not be liable for any damage or loss suffered by the User due to unforeseen causes or causes beyond the control of THE COMPANY, such as acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor and materials and other acts of force majeure.

9. MODIFICATION OF THE WEBSITE THE COMPANY

reserves the right to eliminate or modify any part of the Portal or the Service offered through it, at any time and without prior notice.

10. DURATION AND TERMINATION

The Portal has, in principle, an indefinite duration. THE COMPANY, however, is authorized to terminate or suspend the provision of the Portal service at any time, without prejudice to what has been established in this regard in the corresponding Specific Terms and Conditions. When reasonably possible, THE COMPANY will give advance notice of the termination or suspension of the provision of the Portal service.

11. APPLICABLE LEGISLATION AND JURISDICTION

These “General Terms and Conditions” are governed in each and every one of their aspects by the laws of the Republic of Peru.

THE COMPANY and the User, expressly waiving any other jurisdiction, submit to the jurisdiction of the Courts and Tribunals of the Judicial District of Lima, Peru