The use and content of this website conform to the terms and conditions as well as to the existing legislation of the Chilean Republic. All bookings, contracts and transactions – initiated in written form, orally, by phone or online between the customer of Chile Central (“customer”), the travel agency Chile Central (“travel agency”) and the touristic service provider (“provider”) on accommodation, transportation, tours or any other services, underlie the following terms of conditions effective in law.
1. Information on the travel agency
Chile Central is a touristic organization dedicated to the mediation of touristic services, represented to all legal effects by Ms. Carolin Fernanda Gómez Albornoz, Identification Card Number 13.885.948-7 (Chilean C.I.) and Mr. Moritz Gómez Albornoz, Identification Card Number 21.722.973-1 (Chilean C.I.), both located in 21 de Mayo 270 A, Cerro Artillería, Valparaíso, Chile.
2. Customer rights
The customer holds all rights regulated in the Chilean consumer protection law, in particular law N°19.496 and in the relevant regulations just as the presented terms and conditions. According to law N°19.628, the customer holds the rights regarding his personal data, including correction and deletion, at any given time. The information, reformation and cancellation rights of personal data remain to the customer at any moment according to the law N°19.496. Visiting the website does not entail any obligations for the customer, unless the customer explicitly books the services offered by the travel agency and accepts the respective terms and conditions.
3. Provided services
Three types of services are offered:
Individual services (“individual services”) include all complementary services aiming to meet the individual needs of the customer, such as: renting a car or camper, thematic tours, Spanish classes, organization of touristic tours through Chile, etc. Those services may or may not be subject to the added value tax. The customer will be informed about the type of service and respective charges by the travel agency at the moment of booking.
Arrangements of commercial accommodation (“commercial accommodation”) include the booking of hotels, hostels, guesthouses, cabins and similar forms of accommodation through service providers that constantly offer a line of business based on touristic services to natural or legal entities. Those services are subject to the added value tax according to the Chilean legislation.
The arrangement of private host accommodation (“private accommodation”) refers to all services offered by individual hosts that do not have a commercial line of business. Usually private hosts are the proprietors of the accommodation and renting takes place infrequently, does not serve a commercial purpose and is not the primary occupation of the host. This business relationship including the aforementioned type of service is established by free will of both parties and is not subject to the added value tax according to the Chilean legislation.
Thorough information regarding the booking procedure of travel services is provided by the travel agency. To process the booking request, personal data will need to be entered, such as, name, surname, e-mail address, place of residence, phone number, kind of service, number of people, arrival and departure dates, as well as further information. A successful submission of the request will be followed by a respective verification notification.
After receiving the booking request, the travel agency will contact the touristic service provider to check the availability. The customer will then be informed about the terms of booking and payment.
By paying the deposit, the customer automatically accepts the terms and conditions of the travel agency and undertakes to an obligatory booking. After that, the customer receives a booking confirmation including a summary of relevant booking details and the address and contact information of the touristic service provider. The customer is obligated to inform the travel agency about any incorrect booking details immediately via e-mail to: firstname.lastname@example.org.
5. Payment method
All payments regarding travel agencies’ services need to be transferred to the following bank accounts or by debit, credit card or Paypal to the following Paypal account:
Payments from Europe:
Name of the bank: Deutsche Kreditbank Berlin (DKB)
Bank account holder: Moritz Gomez Albornoz
IBAN: DE31 1203 0000 1052 7368 89
BIC: BYLADEM1001 (Berlin)
Payments from Chile:
Name of the Bank: Banco Credi Chile
Type of account: Vista
Bank account holder: Carolin Fernanda Gomez Albornoz
Account Number: 101915029
C.I. Number: 13.885.948-7
Paypal holder account: Moritz Gomez
Organization name: Chile Central
6. Consent and booking confirmation
The booking process involves a booking request by the customer, a fixed deposit payment as well as the confirmation of the service provider. The finalization of the reservation demands the checking of customer’s data and the confirmation by the travel agency. Thus, the travel agency checks the following details:
a) The service availability required at the indicated date
b) The customer’s deposit pay entry
c) The validity of the customer’s details
The customer will be informed about an effective booking via a written confirmation by the travel agency, which will be sent to the customer’s e-mail address. This constitutes both parties’ consent regarding all details of the booking process.
7. Liability, exclusion of liability and limitation of liability of the travel agency
The travel agencies’ liability is confined exclusively to the mediation of touristic services between the customers and the touristic service providers. The liability especially concerns the infringement of contractual primary duties, deliberate actions and gross negligence caused by the travel agency. The travel agency will not assume any liability for the following issues:
a) It is the customer’s responsibility to conform to the immigration rules and regulations. This includes the knowledge and compliance of all legal terms, especially the domestic and foreign travel regulations, health regulations, customs and exchange control regulations as well as visa- and passport requirements. The customer must provide all the needed documents and/or permission to enter the Chilean Republic. Chile Central assumes no liability for any provided information on this matter since regulations may be changed by authorities meanwhile. Chile Central advises its customer to inform himself/herself and safeguard against all potential violations of regulations with the relevant authorities, embassies and/or consulates. Chile Central does not assume any liability in the case of the customer being unable to travel due to violations of any of these requirements.
b) The customer bears the sole responsibility for not being able to receive the requested service due to his/her health condition. The travel agency assumes no liability in the event of damage.
c) The customer bears the sole responsibility to inform himself/ herself regarding all legal terms of travelling with minors to and around Chile. The customer absolves the travel agency Chile Central of the liability in case of violations of the legal terms regarding traveling with minors.
d) The customer is responsible for checking the accuracy and completeness of all travel documents issued by Chile Central. Major mistakes must be reported within 7 days after receiving the travel documents.
e) Chile Central assumes no liability for circumstances of no fault of one’s own that were due to unpredictable events or force majeure.
f) Chile Central assumes no liability for missed flights, bus connections or other transportation services. The customer bears the sole responsibility for these issues. In case of technical causes leading to flight cancellations or other transportation problems, a refund request must be directed to the service provider. The same applies for any other touristic services.
g) Chile Central assumes no liability for loss of luggage on an air, ground and sea transportation or during commercial or private accommodation stays. The customer bears the sole responsibility. Additionally, Chile Central does not assume any liability for any excess luggage charges of any type of transportation service and is not responsible either for the loss of luggage in commercial or private accommodation during the stay.
h) Chile Central assumes no liability if the service provider does not fulfil the service and does not take responsibility for damage to persons or events that may occur due to that service.
The travel agency Chile Central recommends taking out a travel protection package or travel cancellation insurance. The decision of the type of insurance is strictly concern of the customer.
9. Changes in booking and cancellation
Chile Central reserves the right to make any changes in booked services, if necessary. Naturally, all changes will be made in the customer’s interest. In the unlikely event of changes, the travel agency will inform the customer about any changes in advance. If, for any reasons, the travel agency is unable to reach the customer, they will be made without the agreement of the customer in order to ensure a smooth traveling process. The customer will be informed about all changes in booking via e-mail. In case of any price related changes, for example due to seasonal charging adjustments, the customer will be also informed immediately.
The customer does not have the right to claim any subsequent changes in booking, such as change of travel date, number of people, destination, accommodation or way of transports.
The cancellation conditions of the booked services will be established in every particular case, considering the respective terms of conditions of the service provider. These conditions differ according to the type of service and will be disclosed to the customer before final booking.
The following cancellation policies apply explicitly to the commercial and private accommodation partners presented on the website of Chile Central:
10. Refund of nonattendance services
The travel agency does not refund any services not utilized by the costumer. This applies especially to cancellations due to nonattendance (“no show”). In this case, the total fee will be charged.
11. Cancellation right
All booked services by Chile Central are excluded from the cancellation right according to law 19.496, Art. 3, paragraph b (Consumer protection law).
Complaints related to the touristic services have to be filed by email, to email@example.com. All claims involving potential refund issues need to be filed no longer than 30 days after having received the respective service. The travel agency will not accept any complaints after 30 days.
13. Use of personal data on the website
The travel agency will not disclose any personal data of the customer on its website. All information will be treated confidential, conformable to the law, will be used only to process the booking request and will exclusively be passed on to the service providers.
14. Other websites
The travel agency does not assume any liability for the content of other websites that are connected with the agencies’ website via links, banners or in any other way.
15. Place of Jurisdiction
The place of jurisdiction for any legal dispute related to the service provided by the travel agency will be submitted to and solved by the General Court of Valparaiso, Chilean Republic. The legal relations between the parties are ruled by Chilean legislation.
16. Law on the responsibility of legal persons for the criminal liability
According to the law 20.393 the customer declares that he/she has not made, planned or committed any crime related to the law (money laundering, terrorism funding, bribe, etc.). Neither has he/she, nor his representatives been previously convicted for such crimes (specified in article N°22 of the respective law).
The travel agency is released from any liability in case of violation of law 20.393. That way Chile Central is released of liability in case of any material damage, damage to reputation and other cases of damages, and reserves the right to initiate any necessary legal action.
17. Travel Agency Data
Name: Chile Central
Legal Representative: Carolin Fernanda Gomez Albornoz
C.I. N° 13.885.948-7
Substitute Representative: Moritz Gomez Albornoz
C.I. N° 21.722.973-1
Phone Number: +569 45153941
Address: 270 A, 21 de Mayo, Cerro Artilleria, Valparaíso, Chile
18. Terms and Conditions validity
The present terms and conditions apply from 25.02.2017.