Terms of Use, Disclaimer, and Privacy Policy


Welcome to Smart Way Peru!

PLEASE READ THESE TERMS OF USE, DISCLAIMER, AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

If you do not agree with any of these terms, we recommend that you refrain from using the website. For any questions or clarifications regarding the points mentioned, please feel free to contact us.

I. Terms of Use and Disclaimer

For greater clarity:

  • The owner of this site, Aviel Haim (Álvaro), will be referred to as the Travel Planner.
  • “Website User” means any person who uses this website to access information and/or book tours, transfers, accommodations, excursions, packages, insurance, or other services/products through affiliated or non-affiliated links on www.smartwayperu.com, including its tabs and extensions.
  • “Client” means any person who directly contracts services with the Travel Planner as published on www.smartwayperu.com/servicios.Access to and use of www.smartwayperu.com and its related pages are subject to the following terms:
  1. Nature of Smart Way Peru
    Website Users and Clients acknowledge that Smart Way Peru is not a travel agency, but a registered name in Peru, used by the Travel Planner to offer freelance travel planning and advisory services. It also facilitates access to affiliated and non-affiliated links to book tours, transfers, accommodations, insurance, and other third-party services.
     
  2. Responsibility for Bookings
    Website Users and Clients accept that the Travel Planner is not responsible for any interaction or outcome resulting from bookings made through the website. All links lead to intermediary companies or directly to final local providers.

  3. Intellectual Property.
    All website content—written or visual (images, videos, logos, artwork, designs)—may be owned by the Travel Planner or third parties. Copying, reproducing, or distributing any content without prior written permission is not allowed. The content is for personal use only; any commercial use without authorization is strictly prohibited and may result in legal action.

  4. Requests Regarding Third-Party Services
    Any request for information, changes, cancellations, refunds, reviews, complaints, or legal actions regarding services booked through affiliated or non-affiliated links (or not provided directly by the Travel Planner) must be directed to the third-party provider.Negative reviews directed at Smart Way Peru or the Travel Planner for third-party services may result in legal action for defamation.

  5. Accuracy of Information
    The Travel Planner strives to keep information accurate and up to date, but does not guarantee its completeness or absence of errors. The Travel Planner is not responsible for errors or omissions.
  1. Responsibility for Booking Accuracy
    Website Users and Clients are responsible for carefully reviewing all details before booking any service through links on this site. The Travel Planner is not responsible for booking errors made by Website Users or Clients.

  2. Itineraries and Linked Service Providers
    Sample itineraries may be modified and may not be valid for specific dates or certain days of the week. Website Users and Clients must carefully review all service details, including operating days, schedules, prices, locations, inclusions/exclusions, and policies before making any booking.The Travel Planner is not responsible for booking errors or discrepancies between bookings and sample itineraries, especially if Website Users or Clients do not directly verify updated details and availability with the tour operator, booking company, accommodation, transport, or other chosen provider.

  3. Discretion to Accept Services
    The Travel Planner reserves the right to accept or reject service requests at their sole discretion.

  4. Limitation of Liability
    The Travel Planner is not responsible for damages or losses arising from the use of this website or linked services, including but not limited to those caused by hacking, viruses, or third-party actions. The Travel Planner is also not responsible for the results of commercial recommendations. Clients must independently verify service providers.

  5. Indemnification
    Website Users and Clients agree to indemnify and hold harmless the Travel Planner from any damage, loss, or liability arising from breach of these terms.

  6. Policies for Services Provided Directly by the Travel Planner
    The following policies apply exclusively to Clients who have contracted personalized services from the Travel Planner. If you are a Website User and not a Client, these terms do not apply to you:   
  1. 11.1 Payments for Services Provided by the Travel Planner
    All payments for services provided directly by the Travel Planner are non-refundable and must be made in full before the start of any service or meeting, unless otherwise agreed in writing. 

  2. 11.2 Availability of Third-Party Services Not Provided by the Travel Planner
    The Travel Planner is not responsible for the availability of third-party services—such as entrance tickets, transfers, accommodations, tours, excursions, activities, or means of transportation (including buses, trains, or flights)—that are not provided directly by them. The availability of these services may change at any time and is only considered guaranteed once the booking is confirmed by the corresponding provider. This is especially relevant when the Travel Planner has recommended booking in advance (for example, several weeks or months ahead) and the Client delays the booking, which could result in limited or no availability later on.

  3. 11.3 Time Allocation for Personalized Services
    Each service provided directly by the Travel Planner includes a limited number of work hours, meaning a maximum amount of time that will be dedicated to the Client’s service, which will be clearly communicated in writing before the Client confirms and makes the payment. Although this represents the maximum limit, services may be completed in less time depending on the Client’s specific needs. If additional time is required beyond the allocated hours, it may be added at a rate of USD 25 per extra hour of work. The Travel Planner will notify the Client when only three hours remain, so they have enough time to decide how to use the remaining time or whether to extend the service. This ensures transparency and flexibility, helping the Client make the most of their travel planning.

  4. 11.4 Time Recording
    The Travel Planner maintains accurate records of working time based on its own tracking. Clients are expected to accept these records as final and undisputed.
  1. Online Meetings between the Travel Planner and the Client. For any service that includes an online meeting between the Travel Planner and the Client, the following conditions apply:
  1. 12.1 Punctuality: Both parties must be punctual for the scheduled time. If the Client arrives late, the session will end at the originally scheduled time. If the Travel Planner arrives late, the missed time will be added to the end of the session, whenever possible. If time cannot be added on the same day, the Travel Planner will arrange an alternative date or provide assistance via text or audio messaging if another live meeting cannot be scheduled before the trip or due to scheduling conflicts.

  2. 12.2 Alternative Communication Formats: The live meeting may be completely replaced by audio messages, video recordings, or text communication. This option will be available if the schedules of the Client and the Travel Planner do not coincide, or if the Client prefers an asynchronous exchange of information instead of a live meeting.

  3. 12.3 Cancellation and Rescheduling: If the Client cannot attend a scheduled meeting, they must provide at least 24 hours’ written notice (email or WhatsApp) to reschedule at no additional cost. This courtesy applies only to the first cancellation. Subsequent cancellations or failure to provide 24 hours’ notice will incur charges for rescheduling or alternative service delivery (e.g., audio, text, email, or video), subject to the Travel Planner’s availability.

  4. 12.4 No-Show Policy: If the Client does not connect to the meeting, the Travel Planner will wait 15 minutes before ending the session. This will be recorded as a no-show, and any rescheduling will require an additional fee, subject to the Travel Planner’s availability. This policy also applies to sessions conducted via audio, video, chat, or text, as opposed to live meetings with a microphone and camera.

  5. 12.5 Internet Connection Interruptions:If the Client’s internet connection fails and interrupts the session, the meeting may be rescheduled for an additional fee of USD 25. Alternatively, the parties may agree to continue communication via text, audio, video, or email. The Travel Planner’s response time should not exceed the originally scheduled session duration. If the interruption lasts less than 15 minutes during the session: -Connection or Wi-Fi problems originating from the Client’s side will not result in additional time, unless the Client opts to use any remaining available time (if applicable). -When the issue originates from the Travel Planner’s side, the lost time will be made up either by extending the current session, scheduling another session, or through audio, text, or video communication of equivalent duration.
  1. Timeline for Finalizing Travel Arrangements.
    All travel arrangements must be finalized no later than 21 days prior to the Client‘s itinerary start date, unless both parties agree in writing to a different timeframe.
    The Client acknowledges that certain services—such as admission tickets, flights, trains, accommodations, and some tours and excursions—may require reservations well in advance of the 21-day deadline to ensure availability. Therefore, this deadline does not apply to services that are known to sell out or require advance reservations due to seasonal demand or limited capacity.
    The Travel Planner is committed to delivering the service in a timely manner. However, the Client understands that the Travel Planner‘s ability to complete the planning depends, in large part, on the Client‘s prompt response, timely provision of necessary information, and prompt action when recommended reservations. The Travel Planner is not responsible for incomplete or delayed services due to a lack of timely response, information, or action by the Client.

  2. Communication and Response Times
    If the Client engages in “ghosting”—defined as the failure to respond to emails, messages, or other means of communication from the Travel Planner, cutting off contact without notice—the Travel Planner reserves the right, at its sole discretion, to suspend the provision of services. This behavior is considered detrimental to the proper development and completion of the Travel Planner‘s work. In such cases, any payment made by the Client will be 100% non-refundable.
    Unless otherwise agreed in writing with a clear deadline for the Client‘s response, the following response times apply: the Client must respond within 72 hours on business days or within 96 hours when a weekend falls between the message sent and the expected response.These conditions apply when the trip start date is more than 30 calendar days away. Once the trip is within that 30-day window, the Client must maintain regular communication to ensure all arrangements are finalized at least 21 days prior to the itinerary start date.

  3. Travel Coaching Disclaimer
    When the service includes a travel coaching component, the Travel Planner does not offer medical, psychological, or professional health advice. The guidance provided to support the Client‘s personal development or goals throughout the trip is based on personal experience, professional training, knowledge, reflections, and public perspectives shared by other coaches or related professionals.Although the Travel Planner will make every effort to assist the Client in pursuing their personal goals during the travel experience, the Client is solely responsible for their own progress, results, and overall success of their personal trip.

II. Privacy Policy

  1. All personal information shared by Website Users or Clients with the Travel Planner will be kept strictly confidential.

  2. When a Website User or Client provides their name and email address to download free materials—such as “Elevate Your Peru Experience!” or other freebies—they agree to receive a monthly email with travel coaching tips for enjoying future trips. Recipients may unsubscribe at any time using the unsubscribe link included in each message.

  3. If a Client chooses not to book services through the links provided on this website, but instead hires the Travel Planner to make reservations on their behalf or to assist with direct bookings with local suppliers, the Client‘s personal data may be shared with those suppliers. This information may include full names, passport or ID numbers, phone or WhatsApp contacts, email addresses, or other data that suppliers require to facilitate direct communication and the proper provision of services.

  4. Legal DisclosuresPersonal information provided by Clients or Website Users may be disclosed to local authorities, including intelligence services, police, courts, or other similar entities, when formally requested or if a Client or Website User causes harm or damage to the Travel Planner that gives rise to legal action.

  1. Use of Cookies
    This website does not use its own cookies or similar technologies to track Website Users or Clients. However, some links on our pages, including affiliate and non-affiliated links to external booking platforms or services, may use cookies or tracking mechanisms in accordance with their own privacy policies.These third-party services operate independently and have their own notices and consent mechanisms, which Website Users and Clients should review directly on their websites.

III. Final Notes

Website Users and Clients acknowledge and agree that they will be bound by any changes made to these Terms of Use, Legal Notice, and Privacy Policy. Website Users and Clients are encouraged to review this page periodically to stay informed of any updates or modifications.This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Travel Planner‘s business is legally established at the time of contracting the service.

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