Article 1: Scope
The general Sales Conditions are applicable to all the travel formulas proposed by NATURE EXPERIENCE, including organised circuits, transport and any other service (airfare, hotel, diving, guide, etcetera.) taking place on the Ecuadorian territory.
Article 2: General Information
NATURE EXPERIENCE is a tour operator based in Quito, Ecuador, legally constituted and, therefore, is subject to all laws and regulations governing tourist activity in force in that country.
Registration on one of our trips implies the unreserved adherence to the Ecuadorian laws governing tourism, our general sales conditions and/or our special sales conditions, as well as compliance with the instructions and recommendations stipulated in the various notices annexed to the travel documents.
The client expressly acknowledges that he or she has read the information about the trip he has chosen through the information provided by NATURE EXPERIENCE.
Article 3: Reservations and confirmations
All reservations, confirmations and cancellations must be made in writing, via e-mail or Fax.
Once received the required deposit, the tour to Ecuador will be confirmed.
In order to confirm the reservation of a tour or any other service in Ecuador, the information sheet of each participant, filled out in its entirety and signed by the client, must be given to NATURE EXPERIENCE. In the same way, the present document (General Sales Conditions) must also be signed and returned to NATURE EXPERIENCE, in order to validate the inscription. The signatory shall take responsibility for all the persons enrolled in the same document.
Upon receiving the deposit, NATURE EXPERIENCE shall make the required reservations for the tour requested.
The receipt of the deposit implies the reservation of the stay only to the extent of the available places.
The invoice will be sent to the client within a maximum of five (5) days upon receiving the registration information.
Article 4: Price of services
The agreed prices are set in US Dollar (USD) and include all the services mentioned in the travel description, subject to obvious material error.
Travel prices are per person on the basis of occupancy in a double room. In no way will the published or communicated prices be able to cover a single supplement requested by hotels and cruises.
If an individual passenger decides to rent a room exclusively for him, a surcharge, depending on the services, will have to be paid.
A possible increase in national air fares is to be billed to the client. In no case NATURE EXPERIENCE can be held responsible for this increase in price.
Any reservation will be considered confirmed on the date of receipt of the initial deposit of 40% (or the percentage agreed upon separately with the client) of the total value of the stay, or of the total amount according to what has been agreed with the customer (as stipulated in the Special Sales Conditions – Art. 5-B).
The first payment must be made within seven (7) days of receipt of the invoice.
The remaining balance of 60% of the total value of the stay shall be paid no later than 45 days before the start of the journey.
In case of payment by transfer into the bank account of the agency in Ecuador, the entire bank charges will be charged to the customer.
B-Special Sales Conditions:
In order to reduce bank fees, the client can request to pay the full amount at once. The client is asked to advice the agency before making a payment in full. A new invoice incorporating the changes will be sent immediately.
Price revision: Our estimates are calculated in US Dollars and our commitment relates to this amount, the value € (Euro) or any other currency being indicative and calculated on the basis of the exchange rate on the day of the offer.
In the case of payment by direct international bank transfer in US Dollars, no revision of the travel price due to a change in the exchange rate may take place.
Article 6: Individual and/or group cancellation
All cancellations must be stipulated in writing, via e-mail or Fax, indicating the references of the trip to be cancelled.
-For any cancellation made more than 90 days before the start of the trip, a penalty of 120 USD per person will be applied.
-for any cancellation made between 89 and 60 days before the start of the voyage, a penalty of 30% of the total value of the trip per person will be applied.
-for any cancellation made between 59 and 30 days before the start of the voyage, a penalty of 50% of the total value of the trip per person will be applied.
-for any cancellation made between 29 and 8 days before the start of the trip, a penalty of 80% of the total value of the trip per person will be applied.
-for any cancellation made within 8 days of arrival in Ecuador, a penalty of 100% of the total value of the trip per person will be applied.
Article 7: amendments
NATURE EXPERIENCE may invoice the traveller for any costs resulting from modifications expressly requested by him. Any change is accepted if it is feasible.
Any shortened travel or any service not used by the traveller, for any reason whatsoever, will not be reimbursed.
NATURE EXPERIENCE cannot be held responsible for unused services or any modifications to the tour or cruise in the event of cancellation, suspension, change of schedule or delay in domestic flights.
No reimbursement will be made for unused services, itinerary modifications or total loss of travel if passengers arrive late at the airport and miss their flight.
Article 8: Luggage
During air transfers, passengers ‘ luggage is under the responsibility of the airline. Any dispute during these transfers shall be dealt with directly between the customer and the said carrier. However, NATURE EXPERIENCE will be able to support its passengers ‘ claims to the airline without promising any result.
NATURE EXPERIENCE cannot be held liable for any damages to personal objects and value (camera, camera, jewellery, cash, etcetera.) belonging to the traveller.
Similarly, NATURE EXPERIENCE will not be held liable in the event of forgetfulness or loss of such objects or personal purchases made during the voyage or cruise, and for which the customer would be responsible.
Article 9: Cancellation of air services
Once the internal airspace has been confirmed, the cancellation of these services will be accepted only eight days before the start of the services. A penalty of US $95 will be withheld.
In the event of a “No Show” or a last minute cancellation of air services, a penalty of 100% of the total value of the airfare shall be applied. This amount corresponds to the value retained by the airlines in Ecuador.
Article 10: Reimbursement in case of cancellation
Reimbursement, in case of cancellation of the trip, will be made within a maximum of three (3) months.
Reimbursement, in the event of cancellation of air services, will take place within a maximum of four (4) months.
Article 11: Cancellation before departure as a result of the organiser
Until the last moment, an annulment by the organiser, will be likely to be carried out in circumstances imposed and beyond our control: serious failure of a service provider, political circumstances, requisitions, official travel, strikes, climatic conditions, natural disasters, security problems, etcetera. In this particular case, the full reimbursement of the sums paid will be made by NATURE EXPERIENCE.
No compensatory allowance or additional reimbursement will be granted.
As far as possible, NATURE EXPERIENCE will try to preserve the interests of travellers in the best way and will propose, according to availability, an offer of equivalent or superior quality; If the proposed alternative travel is of inferior quality, NATURE EXPERIENCE will refund the price difference to the customer as soon as possible.
Article 13: Possible Modifications of the stay
The tour guide/leader and the Galapagos National Park can change the itinerary without notice if they consider it necessary, mandatory and urgent.
If the trip was interrupted during the stay, for any reason imposed whatsoever, which is neither of our will nor of that of the customers, NATURE EXPERIENCE will do everything possible to obtain a reimbursement, at least partial, of the services not used, Without this being an obligation for NATURE EXPERIENCE.
Article 14: Responsibility of NATURE EXPERIENCE
NATURE EXPERIENCE and its agents or legal representatives act as organizer. As such, they are led to work with different service providers, various transport companies, accommodation facilities and other intermediaries required for the organization of stays, trips or cruises. NATURE EXPERIENCE therefore acts as an intermediary between, on one hand, the customer and on the other hand, the service providers (carriers, hoteliers, charterers, boat owners …). NATURE EXPERIENCE cannot be confused with the latter which, in any event, retain their own responsibility. NATURE EXPERIENCE disclaims all liability in the event of non-performance by service providers, with the exception of faults or breaches arising directly from acts or omissions caused by immediate employees of NATURE EXPERIENCE.
NATURE EXPERIENCE is responsible for the proper performance of the contract in accordance with the expectations which the traveller may reasonably have on the basis of the provisions made in the travel organisation contract. In the event of a breach by any of the service providers of the obligations described, NATURE EXPERIENCE undertakes to assist the traveller in exercising his rights with the provider (s) concerned.
NATURE EXPERIENCE will be required to take care, as far as possible, during the execution of the contract, to assist and assist the traveller in difficulty. In this case, NATURE EXPERIENCE will be able to put the additional costs at the expense of the traveller.
Article 15: Responsibility of the Traveller
The traveller will have to provide to NATURE EXPERIENCE all the useful information that will be specifically requested.
If the traveller provided erroneous information, generating additional costs for NATURE EXPERIENCE, these costs may be re-billed.
Each traveller must have a personal (travel) insurance in order to be protected from incidents or accidents that may occur before or during the voyage.
In any case, we ask each customer to provide us, before his arrival, the contact details of his personal insurance (contract number and telephone number) and recommend that he take with him, on travel, the copy of his contract, because he will be responsible for declaring of claims with its insurance (our guides and representatives will best assist in this process).
Each participant will be required to comply with the requirements and formalities imposed by the national, judicial and medical authorities at any time of the voyage. In no event will NATURE EXPERIENCE replace the individual responsibility of the client who will have to carry out in person all the administrative and medical formalities before departure (passport, visa, vaccination booklet …), as well as during the duration of the journey, the completion of customs formalities regulating the export of objects purchased on site such as carpets, antiques, etcetera included.
Failure to comply with these regulations, the inability of a client to present documents in good standing on the day of departure, any delay (even resulting from a case of force-majeure during an air, rail or ground transport) are the sole responsibility of the participant.
Given the special nature of our travels, each participant will have to comply with the advice and instructions given by the tour leader/guide in charge of the group and representative(s) of NATURE EXPERIENCE or any other institution, natural reserve or lodge visited during the tour. The latter cannot be held responsible for any incidents, accidents or bodily harm that may result from an imprudent personal initiative of one or more participants.
In addition, each participant must be aware that he will take risks of any order due to the local conditions (remoteness of the medical centres, lack of means of communication, etcetera). He assumes them in his name and in the name of his rights-holders in full knowledge of the case, and undertakes not to bring responsibility to NATURE EXPERIENCE.
National parks, like all other Ecuadorian protected areas (public or private), are governed by strict rules. A respect for these rules, a good mindset and a certain sense of conviviality are indispensable assets to realize the type of trips we offer. The organiser, and/or tour guide/leader reserves the right to exclude, at any time from a group a person whose behaviour will be considered to endanger the safety of the group and the well-being of the participants or the sites visited. In that case, no compensation will be payable.
Article 16: Jurisdiction and applicable law
Any dispute relating to the execution, interpretation and validity of this agreement, which has not been able to result in an amicable agreement, shall be the exclusive jurisdiction of the Court of the Chamber of Commerce of Quito which will apply the Ecuadorian legislation.
Nature Experience Cia Ltda.
RUC (Commercial Register): 1792070236001
Registered at the Ministry of Tourism #17.01.50.5570
Register of the chamber of tourism #0206937