Terms and Conditions

By accessing and using our platform, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully. If you do not agree, you must not use our platform. The sole act of making a reservation shall be considered a real and complete acceptance of the terms stipulated herein.
  1. DEFINITIONS 1.1 Platform: Refers to the website, mobile application, social media, or other electronic medium of ChileAdventureGuides. 1.2 ChileAdventureGuides: The operator of the marketplace, which facilitates the connection between Users and Guides. For this purpose, it will be referred to as “the Company,” “ChileAdventureGuides,” “the platform,” or “marketplace.” 1.3 User: Any natural or legal person who accesses and uses the Platform to search for, reserve, and pay for adventure tourism activities offered by Guides. Also referred to as “Client” for this purpose. 1.4 Guide: Refers to an independent natural or legal person who provides adventure tourism services to others in any territory, and offers their services through the ChileAdventureGuides Platform. The term “Guide” or “provider” will be used for this purpose. 1.5 Services: Adventure tourism activities (such as and not limited to: trekking, nature photography, wildlife watching, mountaineering, ski touring, rock climbing, fly fishing, among others) offered by the Guides through the Platform.
  2. PURPOSE OF THE PLATFORM The purpose of the ChileAdventureGuides platform is the operation of a digital marketplace specialized in adventure tourism, which allows users or clients to access services offered by independent adventure tourism guides. In this way, it seeks to facilitate the promotion and advertising of said services to users, allowing the client to access various service offerings, contract them at their own will and responsibility, and facilitate access, payment, and communication channels between them and the guide. The Company acts solely to facilitate the reservation, payment, and communication. It is not the provider of the adventure tourism Services and, consequently, their failure or execution is not in any way attributable to it.
  3. USER REGISTRATION, ACCOUNT, AND INFORMATION 3.1. To access and obtain the services that the platform facilitates, the User must register on the Platform, creating a personal account, which will require the use of a password that is personal, exclusive, and non-transferable. It is the user’s obligation to maintain its confidentiality, it being understood that its use will always be by its holder, especially in the contracting of Guide services through the platform. For this reason, once a reservation is made, it will be understood as having been made without the need for subsequent checks or allegations. In this way, the company is released from responsibility for the use of the platform by third parties through profiles that do not correspond to the person, with any intention, the reservation always being subject to the terms published in the contracted service. 3.2. The User agrees to provide truthful, complete, and updated information during the registration process and to keep it up to date at all times. 3.3. The User is solely responsible for maintaining the confidentiality of their password and for all activities that occur under their account. They must notify ChileAdventureGuides immediately of any unauthorized use of their account. 3.4. Notwithstanding the foregoing, if ChileAdventureGuides detects or suspects the improper use of a profile, it will be authorized to cancel or suspend it immediately.
  4. RESERVATION AND PAYMENT PROCESS 4.1. Search and Selection: The User may search for Services by activity type, location, date, duration, difficulty level, price, Guide availability, and other relevant conditions. 4.2. Service and Guide Information: The guide will provide detailed descriptions of each activity, including the itinerary, requirements, necessary equipment, and a profile with information on their experience, certifications, languages, and reviews from other Users. The analysis of the relevance and sufficiency of said information for contracting is the responsibility of the client, and in no case ChileAdventureGuides. 4.3. Reservation Confirmation: The reservation will be considered confirmed once the payment has been successfully processed through the Platform. 4.4. Payments: Payments will be made through the payment gateways integrated into the Platform, such as Transbank Webpay, PIX, PayPal, or MercadoPago.
  5. CANCELLATION POLICIES 5.1. Each Service offered by the Guides will have a specific cancellation policy, which will be communicated to the User before confirming the reservation. 5.2. The User must review and accept the Service’s cancellation policy before making the payment. The sole act of making a reservation constitutes acceptance of it. 5.3. Refunds, if applicable according to the cancellation policy, will be processed in accordance with the deadlines and conditions established by the Platform and the payment gateway. 5.4. In cases of force majeure (e.g., natural disasters, government restrictions), special policies will be applied that allow for free cancellations or credits for future reservations.
  6. USER CONDUCT 6.1. The User agrees to use the Platform in a lawful manner and in accordance with these Terms and Conditions, current Chilean legislation, good customs, public order, and applicable general regulations. Non-compliance with any of these precepts enables the filing of legal actions and the pursuit of liability determination granted by the legal system, with the platform being able to choose the regime that best serves these purposes. 6.2. It is prohibited to perform any action that may risk, damage, interfere with, surreptitiously intercept, or expropriate any system, data, or information of the Platform or any illicit or harmful conduct for the Platform. 6.3. The User may not include any type of advertising in their reviews or private communications through the Platform about products or services other than the Guide and the Platform. 6.4. ChileAdventureGuides is authorized to delete comments it deems offensive or inappropriate and to delete the User’s account without prior notice if the content conflicts with applicable regulations, good customs, public order, and the terms of this contract. 6.5. The Platform will not be responsible for conduct, omissions, or statements made between users in the use of the Platform for which consequences or damages of any kind are imputed. 6.6. In general, and in harmony with this contract, the conduct of the user or users with respect to any person or property, at the time the service is executed by the Guide, is not the responsibility of the company because said service is not attributable to it.
  7. REVIEWS AND RATINGS 7.1. Users may leave reviews and ratings about the Services and Guides after having participated in the contracted service. 7.2. Reviews must be honest, objective, and based on the User’s experience. 7.3. ChileAdventureGuides reserves the right to moderate or delete reviews that contain inappropriate language, false information, or information contrary to or potentially contrary to the law, public order, or good customs, or that violate these Terms and Conditions.
  8. INTELLECTUAL PROPERTY, USE OF CONTENT 8.1. The Platform and all its content, such as texts, graphics, logos, icons, images, software, among others, are the property of ChileAdventureGuides or its licensors and are protected by intellectual property laws. 8.2. The User may upload content such as photos or videos related to their experience in the Services. By doing so, the User grants ChileAdventureGuides a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, modify, display, and execute said content in connection with the operation and promotion of the Platform and the Services. 8.3. The User declares and guarantees that they own all rights to the content they upload or that they have the necessary authorization to grant the aforementioned license.
  9. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA 9.1. ChileAdventureGuides is committed to protecting the privacy of its Users’ personal data. The collection and processing of personal data will be governed by the applicable regulations that regulate the protection and processing of personal data in Chile. 9.2. By using the Platform, the User consents to the collection and use of their personal information in accordance with our Privacy Policy, which forms an integral part of these Terms and Conditions. 9.3. Users have the right to access, rectify, delete, object to, request the portability of, and block their personal data, in accordance with current legislation. 9.4. In accordance with clause EIGHT, by performing the actions in numeral 8.2, the user consents to the use of their image and releases ChileAdventureGuides as well as the Guide from liability for infringements of the rights of third parties.
  10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY 10.1. ChileAdventureGuides acts solely as an intermediary between Users and Guides. The Company is not responsible for the quality, safety, legality, or any other aspect of the Services provided by the Guides. The responsibility for the provision of the Services rests exclusively with the Guide. In this vein, the determination of the activity or service to choose, as well as the effective contracting, is an agreement whose parties are the user and the Guide, from which ChileAdventureGuides is totally excluded. The decision of the type of service, its location, time, physical, psychological, health aptitudes or requirements, among others, whether known or not by the user, whether or not they are available on the platform, excludes ChileAdventureGuides, an aspect that the user understands and accepts, since the nature of the relationship between the company and the client is solely to facilitate the marketplace for the client to choose the Guide by virtue of their services and the conditions offered, its activity being limited to said role. The knowledge of the risks of the activity, as well as the information related to them, does not affect the company, the legal obligations resting with the client and user in accordance with the laws of the republic, the user releasing ChileAdventureGuides from all exclusive, joint and several, civil, criminal or of any other order of liability derived from the contracted service. Once the reservation is made, direct communication between the Guide and the User will be enabled by ChileAdventureGuides, thereby releasing the platform from the communication between them. 10.2. The Company does not guarantee the continuous and uninterrupted availability of the Platform and will not be responsible for interruptions or system failures. 10.3. To the maximum extent permitted by law, ChileAdventureGuides will not be responsible for direct, indirect, incidental, special, consequential, or punitive damages that result from the use or inability to use the Platform or the Services.
  11. ACT OF GOD, FORCE MAJEURE, OR OTHER CIRCUMSTANCES AND JUSTIFIED CAUSES OF CANCELLATION 11.1. Due to the nature of the services and the role of the Guide in them, the occurrence of phenomena or situations such as: 11.1.1. Natural Disasters: Earthquakes, volcanic eruptions, floods, landslides, forest fires, and other extreme meteorological phenomena that directly affect the tour area or access routes. 11.1.2. Access or Area Closures: Official declaration of closure of National Parks, nature reserves, trails, access routes, or activity areas by competent authorities (CONAF, Carabineros, municipalities, etc.) due to adverse weather conditions, fire risk, volcanic risk, security problems, or any other cause of force majeure. 11.1.3. Travel Restrictions: Governmental or sanitary provisions that prohibit or significantly restrict travel to or from the region where the tour will take place, or that prevent the user or the Guide from performing the activity (e.g., mandatory quarantines, border closures, mobility restrictions). 11.1.4. Other Unforeseen Circumstances: Exceptional situations beyond the will of the parties that objectively make it impossible to perform the tour safely and adequately. 11.1.5. Serious Illness or Accident of the Guide or a direct family member (spouse, cohabitant, children, parents, or another being) duly accredited. If any of these situations or others that can be considered an act of God, force majeure, or circumstances that prevent the performance of the service in general occur, the user will be notified through the established means of communication, providing the following solutions: Rescheduling: Reschedule the tour for a future date by mutual agreement between the user and the Guide, without additional cost or penalty, or Full Refund: If rescheduling is not possible, a full refund of the service value will be issued.
  12. CONTRACT MODIFICATIONS ChileAdventureGuides reserves the right to modify these Terms and Conditions at any time. The modifications will take effect immediately after their publication on the Platform. It is the User’s responsibility to periodically review these terms. Continued use of the Platform after the publication of the modifications will constitute acceptance of the new terms.
  13. APPLICABLE LAW AND JURISDICTION These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Chile. Any dispute that arises in relation to these terms will be submitted to the jurisdiction of the competent courts of the city of Puerto Varas, Chile.