Terms and Conditions

Effective Date: July 18, 2025
Company: NAZCA FLIGHTS GROUP LLC
Principal Office: 1738 N. Elinor St., Appleton, WI 54914, USA

1. Acceptance of Terms

By booking a tour, excursion, package, or related travel service (“Tour”) through NAZCA FLIGHTS GROUP LLC (“Company,” “we,” “our,” or “us”), the individual or entity purchasing the Tour (“Traveler”) agrees to be bound by these Terms and Conditions.

2. Governing Law and Jurisdiction

All agreements, disputes, and claims shall be governed by the laws of the State of Wisconsin, USA. Exclusive jurisdiction and venue shall rest with the courts located in Outagamie County, Wisconsin, to the extent such forum selection is permissible under applicable consumer protection law.

3. Mediation & Dispute Resolution

3.1. The Traveler agrees to first attempt to resolve any dispute through good-faith mediation prior to initiating legal proceedings.
3.2. While the Traveler retains the right to pursue remedies available under applicable law (including chargebacks), the Company encourages Travelers to complete mediation before initiating such actions.
3.3. In the event that a chargeback is initiated and subsequently found to be improper or fraudulent, the Traveler shall reimburse the Company for reasonable costs, fees, and expenses actually incurred in responding to and resolving the matter.

4. Assumption of Risk & Release of Liability

4.1. Certain Tours (including, but not limited to, dune buggy excursions, sandboarding, and hiking activities) involve physical activity and inherent risks, including but not limited to: accidents, injuries, exposure to natural hazards, and third-party negligence.
4.2. By purchasing a Tour, the Traveler voluntarily assumes all ordinary risks associated with participation.
4.3. The Company acts solely as an authorized intermediary between Travelers and third-party providers (airlines, boat operators, dune buggy companies, guides, etc.) and shall not be liable for their actions, cancellations, or service quality.
4.4. Nothing in these Terms shall be construed to release the Company from liability for its own gross negligence, intentional misconduct, or obligations imposed by law.

5. Payments, Deposits, and Refunds

5.1. Standard Payment Terms:

• A non-refundable deposit of USD $50 per person is due at the time of booking.

• The remaining balance is due 12 days before the Tour.

• Cancellations made at least 5 days before the Tour will be refunded, less the deposit.

5.2. Modified Terms Supersede: If written payment instructions, cancellation conditions, or special arrangements are expressly provided by the Company to the Traveler in writing, those instructions shall prevail over these Terms to the extent of any inconsistency.

5.3. Payment Methods: The Company accepts payment by credit card, debit card, PayPal, Zelle, and wire transfer. Wire transfers may incur additional bank fees payable by the Traveler.

5.4. Currency: All Company fees are payable in U.S. Dollars (USD). Certain third-party taxes and entrance fees in Peru may require payment in Peruvian soles (PEN).

6. Reservation Process

6.1. After payment, the Company will attempt to reserve the Tour with third-party providers. A Tour is not confirmed until the provider issues confirmation.
6.2. Payment to the Company does not, by itself, constitute a confirmed reservation.

7. Force Majeure & Itinerary Changes

7.1. The Company and third-party providers reserve the right to alter itineraries, pickup/return times, routes, or components due to operational, safety, or weather reasons. Such changes shall not constitute breach of contract.
7.2. If part of a Tour package is canceled due to force majeure (e.g., weather, strikes, natural disasters), the Company will refund the canceled portion but retain amounts necessary to cover transportation, guides, and completed services.

8. Traveler Responsibilities

8.1. The Traveler is responsible for arriving on time at all designated pickup points. Failure to do so may result in forfeiture of the Tour without refund.
8.2. Cancellations by the Traveler must be communicated by email or WhatsApp. If no response is received, the Traveler must attempt both methods.

9. Air Tours – Nazca & Pisco Flights

9.1. The Company does not own or operate aircraft. Flight services are provided by licensed airlines, and the Traveler agrees that the Company is not liable for airline delays, cancellations, or seat assignments.
9.2. Seat Assignments: Four of the 12 seats on Cessna Grand Caravan aircraft are partially obstructed by the wing strut. The Traveler acknowledges this possibility and accepts that seats cannot be changed, refunded, or discounted.
9.3. Weight Limits:

• Pisco Airport flights: Travelers over 250 lbs (113 kg) may be subject to a USD $165 surcharge.

• Nazca Airport flights: Travelers over 238 lbs (108 kg) may be subject to a USD $70 surcharge.

10. Cancellations by Traveler

10.1. If the Traveler cancels less than 5 days before the Tour, or fails to appear, all payments made (excluding the non-refundable deposit) shall be forfeited.
10.2. Deposits are non-refundable under all circumstances.

11. Cancellations by Company or Providers

11.1. The Company reserves the right to cancel any Tour due to insufficient participation, force majeure, safety concerns, or third-party cancellations.
11.2. If the Company cancels a Tour in its entirety and no services are provided, the Traveler shall receive a full refund, including the deposit. If partial services are delivered, the refund shall be adjusted accordingly, less non-recoverable costs (e.g., transportation, guides).

12. Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability, whether in contract, tort, or otherwise, shall not exceed the total amount actually paid by the Traveler to the Company for the specific Tour giving rise to the claim. Under no circumstances shall the Company be liable for indirect, incidental, consequential, or punitive damages.

13. Additional Conditions

13.1. Insurance: The Company strongly advises Travelers to obtain travel insurance covering accidents, medical emergencies, trip cancellations, and lost luggage.
13.2. Health & Fitness: Some Tours may not be suitable for individuals with health conditions, mobility issues, or pregnancy. The Traveler is responsible for consulting their physician before participation.
13.3. Compliance: The Traveler must follow instructions from guides and providers. Disruptive or unsafe behavior may result in removal from the Tour without refund.

14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.

15. Entire Agreement

These Terms constitute the entire agreement between the Traveler and the Company and supersede all prior oral or written communications, representations, or agreements, except that any written payment terms, cancellation conditions, or special conditions expressly provided by the Company to the Traveler shall prevail over these Terms to the extent of any conflict.

16. No Reliance on Verbal Representations

The Traveler acknowledges that they have not relied on any statements, promises, or representations made by the Company, its employees, agents, guides, or third-party providers, other than those expressly set forth in writing by the Company. Any verbal assurances, promises, or informal communications shall not be binding upon the Company.