GENERAL
1. Contract of Services

By registering for a trip, the client offers to enter into a binding contract with the operator. Registration for a trip can occur orally, by e-mail, or in writing. Special arrangements, conditional registration or oral supplemental agreements are only valid if they are confirmed by the operator in writing. Once the operator confirms the reservation in writing, the contract becomes a legally binding agreement. If the contents of the reservation confirmation differs from the contents of the registration, a new offer exists and the operator is bound to the contents of this new offer for a duration of 10 days. If the client agrees to the terms of this new offer within the ten-day period, a legally binding contract exists between the client and the operator. Acceptance can be in written or oral form or by submitting the required down payment. Every client is responsible for fulfillment of all contractual obligations on behalf of all persons for whom makes a reservation.

2. Services Rendered

The scope of services rendered is defined by the reservation confirmation and the description of included services found on our website (www.latinadventures.ec). Latin Adventures explicitly reserves the right to inform clients of specific changes that may be necessitated by unavoidable, significant and unforeseen circumstances prior to the existence of a contract and will exercise due diligence to inform the client of such changes. In so far as Latin Adventures offers specific services, such as flight reservations, in its sales materials or travel confirmations, it is understood that Latin Adventures is not a provider of air transportation, but merely confirms the existence of a contract between the airline and the client.

3. Prices & Payments

The price of a program is stated in the reservation confirmation or in the price list found on www.latinadventures.ec. Unless otherwise specified, all prices are per person in US dollars, payable by international bank transfer, credit card, Pay Pal or cash.

3.1 Payments

Upon entering into a contract, the client agrees to make a 40% down payment of the total program price, but no less than USD 600 per reservation. If the total due is less than USD 600 or if the trip is booked less than 30 days prior to the start of the trip, the entire amount is due immediately upon receipt of the invoice. The remainder of the payment is due, without notice, at least 30 days prior to the start of the trip. Special payment terms apply for Last minutes deals in Galápagos and Daily tours. 60 days prior to departure on tours to the Galápagos Islands by cruises. All payments must be deposited in our bank accounts. Effective date of payment is the date on which you authorized the payment at your bank. Please e-mail us a copy of your bank transfer authorization. After we receive your entire payment, Latin Adventures will send you a written receipt and reservation confirmation. You will receive your travel documents (vouchers, airline tickets for domestic flights) by mail in case you are not arriving to our office in Quito. If we do not receive your payment on time, we have the right to withhold our services.

All payments will be made in US dollars by one of the following means:

3.1.1 Bank Transfers (+ $40,00) at total of payment.

  • Bank Account Details
  • Code swift: PACIECEG 500
  • Bank: Banco del Pacifico
  • Country: Ecuador
  • City: Quito
  • Current Account Number: 0742328-4
  • Name: Latin Adventures D.J.G.E.U.R.L.

3.1.2 Pay Pal

Pay now by PayPal if the amount is less than $2.500 (dollars)

For payment with credit cards through PayPal, please add a 6% surcharge to the total amount due to cover the Pay Pal Fees. For further information please go to:

http://www.latinadventures.ec/ and follow the Pay Pal Link at the bottom right hand side of the page. The e-mail address to be used for PayPal payments is: Info@latinadventures.ec

4. Extra Charges

In the event of modifications and/or deviations from the itinerary or program due to unforeseen and/or exceptional circumstances out of Latin Adventures’ control, any additional costs incurred will be charged to the client.

Latin Adventures cannot be held responsible for any changes in transportation costs, airport taxes, park entrance fees or the like that are subject to variation and are outside of Latin Adventures’s control. We will endeavor to inform passengers of any changes as soon as possible.

Latin Adventures is entitled to increase the travel price after conclusion of the travel contract as a result of increased transportation costs, charges for certain services, port or airport taxes, or any modifications in exchange rates that may affect final costs. Any such changes can occur up to 4 months before the agreed departure date. If this should be the case, the client will be informed immediately, but no later than 20 days prior to departure. Price increases thereafter are not admissible.

5. Cancellations & Refunds

5.1 Mainland tours in Ecuador

If a notification of cancellation is received until and including 60 days before the estimated date of arrival in South America, the full deposit made for the trip is reimbursed after discounting administrative costs. (30% of the total amount)

If a notification of cancellation is received 45 days before the estimated date of arrival in South America, the reimbursement is subject to a penalty of 40% of the total cost.

If a notification of cancellation is received 30 days before the estimated date of arrival in South America, the reimbursement is subject to a penalty of 50% of the total cost.

No reimbursement will be made if the notification of cancellation is received 20 or less days before the estimated date of arrival in your destination in South America, or in the case of a no-show by passenger(s) or for cancellations made during the trip itself.

Some services may be interrupted or cancelled due to climate conditions, forces of nature, riots, or other conditions beyond the control of the hotels, airlines, other operators, LATIN ADVENTURES TOUR OPERATOR or its associates. No reimbursements will be made as a result of such interruptions or cancellations beyond our control.

(*) NOTICE: Some tour providers have more rigorous cancellation policies. Therefore, these providers keep the right to impose a penalty on said reservations. Galapagos Islands (All inclusive programs and Cruises) reservations are subject to prior payment. No reimbursements, change of name or date may be applied. Land Tours in Galapagos required at least 20 days for 50% refund During the high season, our company reserves the right to change our cancellation policies, if our operators should apply further penalties apart from those stated above.

Note: Please note that for Galapagos charters, cancellation fees can vary according to the boat chosen, and therefore these fees will be confirmed individually.

Transportation and services may be interrupted or cancelled due to climate conditions, forces of nature, civil unrest, strikes or other conditions beyond the control of Latin Adventures Tour Operator and its associates, the hotels, airlines, bus, railroad, boat, tour, cruise or other operators,. No reimbursements will be made as a result of such interruptions or cancellations beyond our control.

IMPORTANT!

Latin Adventures Tour Operator will not be liable for any illness, pregnancy or physical or mental incapacity, which may put in danger the health or integrity of any passengers or third parties during the execution of the contracted tour or that may imply any limitation or impediment for our company to provide such tourist services. Thus, our company will not recognise any claim or refund due to any such abovementioned conditions, including such cases where under normal conditions no such problem would arise. Furthermore, we request to be informed regarding any such limitation prior to the contracting of our services, in order to recommend services that will take into account any such existing impediments.

Travel contract: Please read these booking conditions carefully, by making a reservation with us you confirm that you have read and agreed to the following policies. If you make a booking after that, it means that you are accepting the terms of our conditions

5.2 Cancellation and notice by the tour operator

5.2.1 Cancellation of tour prior to the start of travel

Latin Adventures can cancel or withdraw the tour offer up until 14 days prior to the travel start date if the number of required participants for the tour is not met, but only if the travel description for the corresponding tour refers to a minimum number of participants.

Notification that the minimum number of participants has not been achieved, and that the journey is therefore being canceled, must reach the client at the latest 14 days before the travel start date. The client will receive an immediate refund for any payments previously made, but they are not entitled to any compensation or further claims.

5.2.2 Cancellation of the tour after the start of travel

Latin Adventures can withdraw its services after the travel start date if it is deemed that the client is in any way is disrupting the tour or causing distress to other group members, staff or service providers. This also applies if the client fails to meet specific requirements for the tour in question (physical and/or mental health, general capabilities, technical skills where applicable, etc.).

If Latin Adventures cancels the tour, the costs incurred up and until that date (including advanced payments for contracted services for the tour) will not be refundable. The client will only be entitled to refunds as decided by Latin Adventures in consideration of tour costs incurred.

5.2.3 Cancellation of the contract by the client

The client can cancel and withdraw from the contract at any time before beginning the tour, however this must be done in writing. Refunds can only be made under the following cancellation guidelines, as pre- tour costs will be incurred and cannot be recuperated by Latin Adventures.

Therefore the following cancellation fees will be charged for canceled tours:

5.2.3.1. Compensation and cancellation

If travel services are not performed according to the contractual agreement, then the liability of Latin Adventures depends on the national laws. The client can request compensation for which Latin Adventures has the right to refuse if deemed unreasonable. Latin Adventures will try and rectify any situation to provide an equal quality of tour.

In the case of reoccurring poor performance the client is obliged to immediately complain to the agency or its representative, usually the guide, stating the problems experienced. If the client does not raise the issue to the agency or its representative, he/she cannot later demand any contractual compensation.

The cancellation of the travel contract by the client due to quality issues that substantially impair the tour is only permissible if Latin Adventures has not made reasonable attempts to rectify any shortcomings.

6. Client claims

If the client wishes to file a claim against Latin Adventures for compensation due to its failure to comply with its contractual obligations, then the client must notify Latin Adventures of their intentions within one month from the termination of the contractually agreed tour. Service providers, tour guides or other local agencies are not authorized to the receive claims.

Claims being made for unlawful actions by Latin Adventures must be submitted within 3 years of the termination of the tour contract as per international law. The place of jurisdiction for any claim is Quito, Ecuador.

7. Limitation of Liability

The contractual liability of Latin Adventures for any personal injuries is limited to a maximum value of the tour price, assuming negligence on the part of Latin Adventures.

Compensation sought for damage to persons or property due to negligence by service providers must be directed to the service provider and is not the responsibility of Latin Adventures.

Please note that for mountain climbing, trekking and expeditions there is an increased risk of accidents due to the nature of these adventure sports (e.g. avalanches, falling rocks, water travel, river crossings etc.). These risks are ever present and cannot be reduced or excluded even with the most prudent and cautious care taken by the assigned guides/tour leaders. Therefore the participation in adventure activities like mountain climbing, trekking, horseback riding, rafting, mountain bike tours and general expeditions or tours involving even minimal elements of danger, are always at the clients own risk and responsibility.

8. Contract cancellation due to force majeure

If the journey is substantially difficult or dangerous and incorporates risk of any nature due to force majeure (e.g. war, strike, unrests, epidemic diseases, sovereign arrangement, among others), then both the client and Latin Adventures can withdraw from or cancel the travel contract.

In the case of emergency procedures for unforeseen circumstances, the client is liable for the full extent of the incurred costs (e.g. hospitalization, additional accommodation and food) with the exception of emergency transportation, to which Latin Adventures Tour Operator will contribute up to 50% of the total cost. Any additional claims are excluded.

9. Travel and health regulations

The traveler is responsible for meeting any travel and health regulations (e.g. passport, visas and customs requirements, and currency import regulations) on their own and at their own expense. All disadvantages and/or charges that arise from disregarding these regulations will be attributable to the client even if regulations are modified after the reservation has been made. If at all possible, Latin Adventures will inform customers of important modifications to the general itinerary as described in its travel descriptions of the tours before the start of the tour.

10. Individual contractual regulations

The invalidity of individual stipulations within the travel contract does not imply the invalidity of the entire travel contract.

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