Ilatintours.com is an Internet domain managed by E-MagicSoft SAC, a company legally incorporated under Peruvian law, headquartered and domiciled in Lima, Peru.
General conditions for the use of the site, applicable to E-MagicSoft SAC and the User (the individual using it only to search for a tourist offering) and the travel agency or tour operator [hereinafter the “agency”] (the company that publishes the tourist offerings). The term “the users” shall be used whenever the provision implies both the user and the agency.
The use of Ilatintours.com by the users implies express acceptance of the general conditions set out below.
Any future amendments or changes made with respect to the service provided by this web site, may imply amendments to these terms and conditions. Users are under the obligation to keep themselves up to date on any changes which may occur in such case. The general conditions set forth below were last amended on October 20, 2010.
- Users hereby declare to be of legal age (over 18 years old), and that they understand and fully accept the conditions set out herein for the use of this web site.
The user hereby states that all the information supplied at the time contact is made with a travel agency or with ilatintours.com, is true, complete and correct.
The agency agrees that it will use Ilatintours.com exclusively for the legitimate publication and information of its tourist offerings, and it must register itself as a Travel Agency, to which effect, it hereby declares that all the information supplied upon registration, is true, complete and correct.
Users agree to use the services and contents of this web site in accordance with law and the general and specific conditions of Ilatintours.com, abstaining themselves from using them for the following purposes:
- Transmitting to unauthorized third parties, their user name and password, keeping in mind that the use of their access ID and password is their sole responsibility, as well as their loss or wrongful use.
- Introducing into the network, files containing data that may cause damages to the computer systems of Ilatintours.com, their suppliers or third party users of the local network or of this web site.
- Carrying out illicit acts, contrary to the principles of good faith, customs, morals or public order.
- Diffusing contents of a racist, xenophobic or pornographic nature, or which may invoke terrorism and/or which may attempt against human rights.
- Introducing contact information for an individual who does not wish for such information to be shown in this communication.
- Misrepresenting the character of any individual belonging to the ilatintours.com team.
- Publishing products or services, which sale, distribution or disclosure are not related to tours or tourist offerings. Any and all announcements of games, prostitution or sex-related services, shall be absolutely prohibited.
Ilatintours.com is only an engine used to search for tours or tourist offerings.
- All contents, trademarks, logos, drawings etc., found in Ilatintours.com, are protected by intellectual and industrial property rights, which have been expressly reserved by E-MagicSoft SAC; or if applicable, by the individuals or companies shown to be the authors or principals of such rights. Performing activities that configure a violation of the intellectual and industrial property regulations, or of any other applicable norm forming part of the legal system, shall be prosecuted pursuant to the provisions of the legislation in force.
- ilatintours.com is a service tool, a search engine, which is absolutely free for the agency as well as for the user. The tourist offerings entered and published by the agencies, shall be valid for thirty (30) days; however, the supplying agencies may automatically re-activate their offerings at no additional cost. Furthermore, agencies may publish a maximum of twenty (20) tours, however, it shall be absolutely prohibited to abuse the service provided by ilatintours.com, by publishing the same tourist offering too many times within the twenty (20) tours allowed (this prohibition does not affect the tour’s translation into other languages).
- In the event that an agency made a typographical error when publishing a tourist offering, at no time having anything to do with Ilatintours.com, the agency shall immediately take corrective action. If there are typographical errors in any of the prices shown, and a user has decided to buy, on the basis of that error, ilatintours.com shall not incur into any liability; this being why users are urged to buy only after the offering has been fully confirmed by the supplying agency.
- Once a user has decided to make a reservation using the form available with each tourist offering, this will be done directly with the travel agency supplying the offering, without any middlemen. Agreeing to take a travel offering implies explicit acceptance of the general conditions set forth by the supplier of the offering, thus, E-MagicSoft SAC and its ilatintours.com domain shall not incur any technical or professional liability, which lies with the persons directly supplying the services.
- The platform or engine used to search tourist offerings, made available to users by E-MagicSoft SAC, through Ilatinstours.com, has an indefinite duration. Nonetheless, E-MagicSoft SAC may withdraw or suspend the provision of such services at any time, for anyone not abiding by these General Conditions and/or for anyone who may have acted in a manner deemed to be outside normal practice.
- Users may not assume that ilatintours.com backs them or their comments, announcements, products or services. In the event that users are of the opinion that there are facts or circumstances revealing the illicit nature of any contents found in Ilatintours.com or of their use, they must contact denuncias@ilatintours.com,
stating the presumed illicit activity conducted in Ilatintours.com, including the fact that reveals the illicit act. Lack of response from ilatintours.com with respect to an illicit act and/or breach of these conditions does not represent acceptance of such acts and/or of the breach of a violated clause or of any other clause, nor a waiver of any action or proceeding which may derive wherefrom.
- E-MagicSoft SAC does not guarantee that Users will use the services and contents in Ilatintours.com in accordance with the General Conditions of the Site; thus, E-MagicSoft SAC excludes any liability for any direct, special, consequential or punitive damages or losses, or any other types of liability incurred by the users as a result of the use of Ilantintours.com or its interaction, particularly, yet not exclusively, with respect to any damages and losses of all types, which may result from the misrepresentation of the character of one or more of the users by a third party through Ilatintours.com. Accordingly, the user or agency, as applicable, hereby accepts to assume any and all expenses (including but not limited to attorneys fees), concerning any action or proceeding against E-MagicSoft SAC, ilatintours.com, their subsidiaries, affiliates, directors, managers, partners and employees, if such action or proceeding is based on the use of this web site by a user or agency.
- If any of the clauses contained in these general conditions was to be declared fully or partially null or non-effective, then such nullity or non-effectiveness shall only affect the provision, or part thereof, which is null or non-effective, with the general conditions prevailing in all other matters , and the arbitrator must substitute such provision, or part thereof, as may be affected, inserting a valid provision that will accomplish the same object.
- By using this web site, it is assumed that users accept the usage terms and conditions set forth in this document, and that the legislation applicable to the provision of this service shall be Peruvian law, with the courts and tribunals of the City of Lima being competent to hear any discrepancies deriving from the interpretation or application of this set of clauses.
- In case of conflict with the English version and with versions in any other language, the Spanish version shall prevail.
Policy and Data Protection
All transmission or forwarding of data performed by users through Ilatintours.com, or any information forwarded by the latter, are protected by the most up to date electronic security techniques available in the network. In addition, any data supplied and stored in our data bases are likewise protected by security systems that will guard off any unauthorized third party access attempts. However, in spite of the security measures we implement, it must be taken into account that 100% security is non-existent in the Internet.
The purpose of this Data Protection Policy is to provide a description of the manner how the personal data supplied by ilatintours.com users is treated. This web site gathers data in order to facilitate the operation and security of the services offered to its users.
Stored information that could be used to identify an ilatintours.com user:
E-mail address: An ilatintours.com user DOES NOT need to log in to be able to use the web site. However, if he wants to make a comment or a reservation, or to ask a question about a tour, he will have to specify a valid e-mail address, just so that his request will be dealt with. To publish an announcement, the agency DOES need to log in.
Traffic information: ilatintours.com shall store traffic information in order to improve the functioning of the web site and of the services it provides. Traffic information is automatically obtained and saved. It includes the IP address of the proxy computer or server used by the user, statistics about user navigation through the web site, and information obtained through the use of "cookies". "Cookies" are small files sent to the user’s computer, that make it possible to identify that computer. The traffic data obtained and stored, DO NOT contain the user’s name, e-mail address, postal address or telephone number.
Information disclosure to third parties
E-mail address: ilatintours.com does not disclose user E-mail addresses to third parties. However, in the event that ilatintours.com integrates itself with, or is taken over by another company; or in the event that its operations cease to exist, its data base, as part of its assets, could be transferred to, and used by another company. Furthermore, for its protection and in order to protect its users, ilatintours.com shall disclose a user’s E-mail address in the event of:
- A response to a legal summon ordered by a court within a legal proceeding, to establish or exercise its legal rights, or acting in defense of an accusation.
- If it is deemed necessary to investigate, prevent or file legal action in the event of illegal activities, suspected fraud, violations of its terms and conditions, or any other cause required by law.
Traffic information: ilatintours.com could share with third parties statistics associated with the use of the web site. Such statistics do not individually identify any user.
Other web sites
ilatintours.com features links to other web sites, which could save user information. ilatintours.com shall not be liable for the handling of user information, or for other web sites’ conditions governing data and confidentiality protection.