Limitation of Liability
Tierra Atacama shall not be liable for any loss of or damage to a guest’s property which is:
Caused or contributed to by the negligence of the guest or a reason of the type listed in the preceding paragraph; or not promptly reported to Tierra Atacama.
On discovery, Tierra Atacama shall not be liable for loss of or damage to a guest’s property except when proved to be caused through the negligence or willful misconduct of Tierra Atacama.
Tierra Atacama does not accept any liability for loss or damage to a guest’s vehicle unless caused by Tierra Atacama negligence or willful misconduct.
Guests shall be liable for any loss, damage or personal injury they may cause at Tierra Atacama.
Tierra Atacama may engage appropriate transfers operators and other providers to coordinate and provide certain services. The transfer operators and other providers are solely responsible for and liable for providing their respective services. Guests are also subject to specific terms and conditions imposed by other providers.
Property Disclaimer
Tierra Atacama is set in a natural environment containing fauna and flora that may be dangerous if at close contact. Whilst every effort is made by the staff and management of Tierra Atacama to ensure the safety of its guests, guests acknowledge as a condition of making their bookings that neither Tierra Atacama nor any of its staff shall be liable for the death or injury of any of its guests or for any direct, indirect or consequential loss or damage whatsoever (save where caused by the negligence or willful misconduct of Tierra Atacama) suffered by any of its guests arising out of or in connection with use of the facilities and activities offered by Tierra Atacama, in particular (but not limited to) these involving wildlife, and the guest, by making a booking, releases Tierra Atacama and its staff from all or any such liability.
Lost Property
Where items belonging to guests have been found by a member of Tierra Atacama personnel, and where the owner can be clearly identified, guests will be contacted and any confirmed item returned to them by registered mail. In the event the owner of any found item cannot be identified it will be logged and held in security for a period of three months. If after this period the owner of the lost article has not contacted the property or has otherwise been identified, the article will be disposed of. In the event the lost article may be of tangible benefit, the lost article will be given to a local charity organization after the three month period has lapsed.
Force Majeure
Tierra Atacama shall not be liable for failure or delay in delivering obligations under the booking contract if the cause of the failure or delay is due to reasons beyond its control. These include, but are not limited to: war or threat of war, civil or political action or disturbance, riot, natural disaster, fire, epidemic, bad weather, terrorist activity (threatened or actual), military activity, governmental or regulatory action, industrial dispute, failure of power or machinery, failure of or interruption in externally provided services and utilities. All bookings are subject to availability, and Tierra Atacama shall be entitled to refuse any booking on reasonable grounds.