Terms & Conditions

X-Plore Patagonia Ltda.

When reserving with X-Plore Patagonia Ltda. (from here on, <<X-Plore Patagonia>>) and emitting the confirmation of the trip, your access to the use of the service is subject to accepting and complying with the following terms and conditions. When you reserve with us, you guarantee that you have the authority to accept, as an individual, and for the group that these terms and conditions.

First: Trip Contract

X-Plore Patagonia Ltda. is a Chilean travel agency, addressed in Manuel Bulnes 332, Puerto Natales, Chile, that acts as well as a small tour operator, meaning, a commercial organization that designs and delivers tour packages, products, and services, proper or outsourced, that could involve transportation and accommodations, among others.

In consequence, X-Plore Patagonia acts as a mediator between the provider of the services and/or tour operators and the final user (from here on, <<Client>>), providing assessment for the planning and purchase of tour packages, and also acts as a tour operator. X-Plore Patagonia offers day tours, predetermined tour programs, and tailor-made itineraries. Day trip excursions are predetermined and only last one day and include transportation, tour guide, entrance, and/or food, which could be offered as group or private tours.

The programs are predetermined tour packages that last more than one night and include transportation, a tour guide, food, and/or accommodations. They could be offered as a regular or private service. Tailor-made programs are private tours exclusively designed for the Client that could be done in one day or as long as the Client requests.

The Client can make the reservation for the services provided by X-Plore Patagonia through the official website, email, Instagram, Facebook, or WhatsApp. It is also possible for the Client to register others under his/her name (which will be later detailed), for which in this case, the person signing assumes complete responsibility. The contract is made effective from the date of the first payment. It is understood that the reservation is active when the Client receives a confirmation email from the X-Plore Patagonia Reservation Department. All communications between the Client and X-Plore Patagonia will be made via email, if it is not possible, through WhatsApp.

Everything said previously in these terms and conditions, will fall under the Chilean Law of Consumer Protection. (Law Nº19496)

Second: Requirements of the Service

The Client gives faith that he/she complies with the basic requirements necessary for the activities reserved for X-Plore Patagonia, counting with good physical condition, optimal health, and mental conditions. The Client gives faith that he/she filled out the “Passenger Registration Form” with trustworthy information and complies with the requirements.

Third: Included Gear / Equipment

For day excursions, we will facilitate the passenger with hiking poles and with a small backpack to use only for the day reserved. In the case that the passenger would like to continue using one of these items, we can charge an additional cost per day that is rented, only if there are enough items to be rented out.

Fourth: Accidents

In the case that an accident occurs, the following protocol will be applied:

4.1 Vehicular Accident: If an accident occurs in which the Client is traveling in one of the vehicles that have reserved services with X-Plore Patagonia, the Emergency Protocol will be activated, which involves the Client, if possible, immediately gets in touch with an X-Plore Patagonia staff member via WhatsApp. Immediately after, call the Police of Chile (dia 133). A vehicle on behalf of the company will arrive, if needed, to take the Client to a medical facility, or where it is agreed. We will also ask for the Client to take pictures of the accident to have as evidence.

4.2 Accident on the Trail: If an accident occurs on the trail, all of the guides that provide services to X-Plore Patagonia count on a Wilderness First Responder First Aid Course to assist the Client if needed. It is very important to let the guide work as hassle-free as possible and show an attitude that is respectful and open to anything that the guide might ask for. If the guide doesn’t ask for your help, stay in a safe place. If you have phone service, immediately try to get in touch with an X-Plore Patagonia staff member via WhatsApp and report the accident. If possible take photos to have as backup information. The guides have radios/phones to get in touch with the driver and/or park rangers to plan the rescue operation of the victim.

Fifth: Risk

It is important to highlight the risks during the tours, excursions, or transfers with X-Plore Patagonia. These risks could be wind, rain, snow, irregular terrains, or irregular and uneven surfaces along the trails which may be difficult the way. Along the trail, the guide will be alert and warn if there are places where you should be cautious. If the situation is dangerous, the guide can cancel the excursion and/or modify the established route. If there is danger on the road, the guide or driver will advise the hazards and/or modifications.

Sixth: Reservations & Payments

To reserve an excursion or program, the Client will do so, following the Payment descriptions, which will depend on the service booked:

6.1 For Full-Day Excursions: 100% of the total price of the trip must be paid before the start date. The tour will only be considered reserved when 100% of the total price has been paid for.

6.2 For Programs: If the Client wishes to reserve a spot in the program, they must pay 50% of the total program cost to make the reservation valid (adding the additional percentages for foreign transactions). 30 days before the program starts, the Client must pay the remaining 50% of the total program price (adding the additional percentages for foreign transactions). The spot within the program will only be considered blocked when 50% or more of the payment has been made.

The programs sold by X-Plore Patagonia Ltda have a minimum number of passengers required to be carried out. This number is a minimum of 4 people. If the aforementioned number is not met, 45 days before the start of the program, the program will be considered canceled, and private options for the same program will be provided. The passenger will bear any price difference in the private program. If not satisfied, the passenger may request a refund of their money, with associated bank transfer fees deducted. In this case, the refund will be processed within 72 hours after canceling the program.

6.3 Tailor-Made Itineraries: As a general rule, 50% of the total price of the program must be paid 2 months before the start date of the tour. This 50% is a nonrefundable deposit. In some cases (which will depend on the internal provider, and in which case, X-Plore Patagonia will inform the Client beforehand) the amount can be less than 50% of the total. As a consequence, a tailor-made itinerary will only be considered reserved when 50% (or more) of the total price has been paid for. Note that the remaining 50% of the total price must be paid one month before the start date of the tour. In the case that the reservation has been made within 10 working days before the start date of the program, the Client will pay 100% of the price. Once the final amount has been paid, X-Plore Patagonia will send to the Client all the documents necessary for the trip within 72 hours.

When you pay for the reservation, X-Plore Patagonia will send a confirmation voucher for the program and a document with all the details of the tour package.

X-Plore Patagonia will not be held responsible for additional charges that can occur on behalf of the Client when preparing for the tour (ex: plane ticket reimbursements, insurance, fees associated with your Visa, extra luggage, necessary equipment, medical costs, etc).

The total cost of the reserved program will be expressed in the Chilean Peso (CLP) currency. The Client can request to pay with US Dollars which will depend on the updated cost of the dollar on the day of the payment for the first 50% and updated again to pay the second 50%.

Seventh: Disclaimer & Changes in Reservation

The disclaimer and voluntary removal from the program, article 3º bis.- b) of the Chilean Consumer’s Protection Law is not applicable. The date of the cancellation is the date when the company receives the request from the Client, which will be accepted in a written manner. The Client can always withdraw before the start of the tour, having in mind the following administrative fees related to the cancellation of the tour. These are:

7.1 Cancellations

For Individual Tours: (Full-day tours that depart from Puerto Natales, and do not include outsourced services besides the guide and driver.)

Individual and Group Reservations:

More than 48 hours before the start date of the tour: Cancellation Fee of 0% of the total program cost.
Less than 48 hours before the start date of the tour: Cancellation Fee of 100% of the total program cost.

Tour Programs, Tailor-Made Itineraries: (Multiple day tours, including outsourced services)

The cancellations involve cancellation fees from outsourced companies and hotels which contemplate fees when canceling a confirmed reservation. Therefore, the cancellation fees will apply as follows:

Individual Reservations: (Between 1-6 Clients)

More than 60 days before the start date of the program: Cancellation Fee: 30% of the total program cost.
Between 59-45 days before the start date of the program: Cancellation Fee: 50% of the total program cost.
Less than 44 days before the start date of the program: Cancellation Fee: 100% of the total program cost.

Group Reservations: (Starting from 7 Clients)

More than 90 days before the start date of the program: Cancellation Fee: 30% of the total program cost.
Between 89-61 days before the start date of the program: Cancellation Fee: 50% of the total program cost.
Between 60-45 days before the start date of the program: Cancellation Fee: 70% of the total program cost.
Less than 44 days before the start date of the program: Cancellation Fee: 100% of the total program cost.

Abandon/NO SHOW: No reimbursement will be given to anyone that voluntarily abandons their itinerary for any reason after it has commenced if the Client does not present him/herself at the arranged point of departure for the start of the program.

Note 1: If the cancellation of your trip is covered by the terms and conditions of your travel insurance, you can deliver the proceeding steps via email to X-Plore Patagonia. X-Plore Patagonia will offer immediate assistance that is reasonable under the circumstances.

Note 2: The applicable refunds will be made effective via money transfer, PayPal, or cash in a maximum of 21 working days.

7.2 Reservation Modifications

The changes in the itinerary are possible only if the requested services are available and do not generate additional charges to X-Plore Patagonia. On the other hand, the costs of the changes in the itinerary will be paid for by the Client.

Services that are not used: We are not responsible for reimbursements or credits for the services that were not used. If you decide to alter the planned itinerary during the trip under your supervision, it is your responsibility to pay for any modification and any other arrangement that could be made to comply with the requested modification.

It is impossible to obtain credit or reimbursement for lost, robbed, or destroyed documents/objects.

After the confirmation email has been sent from X-Plore Patagonia to do a tour program with us and you wish to alter the itinerary once again, for example, the start date of the program, we will do everything possible to make this modification occur successfully, however, it is not always possible. Any request to change the program has to be sent via email by the person who placed the reservation. A small administrative fee will be charged and any other additional cost that involves the modification. They have to keep under consideration that the total cost of the program could increase the closer they are to the start date of the program and you should contact us as soon as possible.

Note: Certain travel arrangements might not be possible to alter after a reservation has been made, and any other additional modification request might involve the charge of the cancellation fee of 100% of the reservation.

7.3 Delayed or Canceled Flights

X-Plore Patagonia is not responsible for any delays or cancellations of flights that may affect the Client's ability to arrive on time for the start of the tour or program. In the event of a delayed or canceled flight, the Client must notify X-Plore Patagonia as soon as possible to discuss alternative arrangements.

If the delayed or canceled flight results in the Client missing part or all of the tour or program, X-Plore Patagonia will make reasonable efforts to accommodate the Client in a modified itinerary, subject to availability and additional costs.
Any additional costs incurred due to flight delays or cancellations, such as accommodation, transportation, or rescheduling fees, will be the responsibility of the Client.
If the Client is unable to join the tour or program due to a flight delay or cancellation, the cancellation fees outlined in section 7.1 will apply.

Disclaimer: Responsibility of X-Plore Patagonia in Case of Airline Schedule Changes

X-Plore Patagonia will not be held liable for any cancellations, rescheduling, or delays of flights by the airlines. While we facilitate flight bookings on behalf of our clients, the operation and management of these flights are solely the responsibility of the airline. Consequently, any changes in flight schedules, including cancellations, rescheduling, or delays, are beyond our control, and X-Plore Patagonia cannot assume responsibility for any inconvenience or additional costs that may arise as a result. Clients are advised to directly contact the respective airline for further assistance in such circumstances.

Eighth: Liability Clause

The Client comprehends that, according to the environment in which the services are offered, he/she can expose him/herself to certain risks and elements with possible danger, and that participation in the excursions of a day tour or tour program offered by X-Plore Patagonia implies risks like illnesses, danger, personal injuries, or even death.

The Client accepts that he/she nor any other family member or inheritor, personal or legal representatives, will present charges nor complaints for any sickness, injury, loss, material object loss, or death that result in any action or omission, inclusive to any negligence on behalf of X-Plore Patagonia, its staff members, board directors, owners, partners, officials, agents, contractor, and organizations associated with the participation of tour program and services.

Ninth: Insurance

X-Plore Patagonia assumes that the Client is aware of the dangers and risks when participating in the excursions and tour programs. The Passenger Registration Form gives faith that the Client’s health complies with the minimum requirements to do any of the activities reserved by the Client. He/she deliberately declares the extension of any responsibility of X-Plore Patagonia, since the company will not be held responsible for any medical assistance that was not declared by the Client or that can surge during the tour.

To prevent medical emergencies that are not detectable (and expensive), X-Plore Patagonia strongly recommends that you travel with travel insurance that complies with the risks when reserving a tour program. This travel insurance must include at least damages for personal accidents, and medical expenses (ideally, the provision of an ambulance or helicopter if needed) during the development of the program.

Tenth: Sexual Harassment / Abuse Policy

X-Plore Patagonia is against any type of discrimination, especially the ones that are based on age, color, religion, country of origin, marital status, limited capabilities, and sex. The company openly exposes the conduct that approves or incites the possibility of discrimination. We also reject any type of harassment or abuse of adults or minors during the development of the tour. In the case of minors under 18 that participate in the activities, X-Plore Patagonia also requires a legal document that approves the relationship between the minor and the parent/chaperone.

Eleventh. Obligation to Collaborate

The Client is responsible for being in a healthy state that is sufficiently good to participate in the trips that have been selected and also to take clothes that are appropriate for the excursions according to what X-Plore Patagonia recommends. Take care of personal hygiene, act properly and respectfully according to the local culture, and follow the itinerary as the program indicates. The Client must collaborate in the case of interruptions towards the service to avoid any damage or reduce them to a minimum. He/she will have to inform the tour guide or driver immediately about any complaint.

Twelfth: Privacy Policy

At X-Plore Patagonia Ltda. ("we," "us," or "our"), we value and respect your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our services as a travel agency and tour operator based in Puerto Natales, Chile. It also explains the purposes for which we collect information, including taxes, legal requirements, and enhancing the safety and well-being of our clients. By accessing our services, you agree to the terms and conditions outlined in this Privacy Policy.

Information We Collect:

1.1 Personal Information:

We may collect personal information from you when you use our services, such as your name, contact details (including address, email address, and phone number), nationality, passport information, and emergency contact information. This information can be collected either electronically or via signed paperwork upon the initiation of the tour.

1.2 Health Information:

For the safety and well-being of our clients, we may collect information about your health or medical conditions. This information is voluntary, yet strongly recommended, and is used to ensure that our guides have a better understanding of passengers' needs and can provide appropriate assistance during the trip.

Use of Information:

2.1 Tax and Legal Purposes:

We may use the information we collect to fulfill our tax obligations and comply with legal requirements imposed on us by the applicable authorities in Chile.

2.2 Service Provision:

We use the information provided to deliver our travel agency and tour operator services to you. This includes making reservations, arranging transportation, providing guides, and offering tailored experiences based on your preferences.

2.3 Health and Safety:

The health information we collect is used solely to enhance the safety and well-being of our clients during their travel experience. Our guides may refer to this information to provide appropriate assistance and make necessary accommodations based on your health needs.

2.4 Communication:

We may use your contact information to communicate with you about your bookings, respond to your inquiries, provide important updates or notifications, and share information about our services, promotions, or offers. You can opt out of receiving promotional communications at any time.

Information Sharing and Disclosure:

3.1 Service Providers:

We may share your personal information with trusted third-party service providers who assist us in delivering our services. These providers may include transportation companies, accommodation providers, local guides, and travel insurance providers. We ensure these service providers adhere to strict confidentiality and security standards to protect your personal information.

3.2 Legal Requirements:

We may disclose your personal information if required by law, regulation, or legal process, or if we have a good faith belief that such disclosure is necessary to protect our rights, your safety, or the safety of others.

Data Security:

We take the security of your personal information seriously and have implemented appropriate measures to protect it from unauthorized access, disclosure, alteration, or destruction. We use industry-standard security practices and regularly review and update our security measures to ensure your information is safeguarded. Our data is encrypted in-transit and at-rest. Our accounts come with built-in security designed to detect and block threats like spam, phishing, and malware.

Data Retention:

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. After the retention period, we will securely dispose of or anonymize your personal information.

Your Rights:

You have the right to access, correct, or delete your personal information that we hold. If you wish to exercise these rights or have any questions or concerns regarding your personal information, please contact us via email at hello@x-plorepatagonia.com

Thirteenth. Ineffective Individual Regulation

The omission of any term that is not used in this agreement will not affect the validation or acceptance of any other term. Any term that is invalidated or unacceptable will be considered separate from this agreement to the point of making it invalid and unusable and this agreement will be interpreted as if the agreement never had that specific term.

By electronically accepting or physically signing, I’m giving faith that I agree with everything signaled in the Terms & Conditions of X-Plore Patagonia Ltda.