Terms and Conditions
Galapagos a la Carte (hereinafter called the "Company") is an online tour agency that offers: activities, tours, trips, accommodation and other services (collectively, the "Services") and in packages/bundles (the "Services packages") in The Galapagos Islands and Ecuador operated by Galapagos a la Carte Galacarte S.A., a company headquartered in The Galapagos Islands in Ecuador. You (the "Client"), a person with over 18 years old, with the capabilities (physical and economical) to travel, make a reservation/booking and pay for our Services.
By clicking any "SEND" button you signify your assent to these Terms and Conditions. In case of disagree, please close this website and and DO NOT click send.
1. Information: The Company shall make every effort to ensure that the information contained in the Services descriptions on this homepage is as precise and accurate as possible. However, Galapagos a la Carte shall not be liable for any errors or omissions that may, in spite of these efforts, appear on these pages, as well as for any interpretations of, or decisions based on, such information.
2. Commitment of Good Faith: The Company shall endeavor to act in good will and make all efforts within its competence and belief to ensure an enjoyable and safe journey that satisfies the Client and fully meets it expectations and wishes.
3. Our Services Prices: The price shall not be negotiable between the Company and the Client, it is based on current rates and tariffs and the Client's wishes and preferences. The service price shall include the cost of the entire Service and shall not be divisible by individual items of the Services. No refund or reduction will be made for non-utilization of any item or service included in the service price offered by the Company to the Client for any reason whatsoever.
4. Reservations/Bookings: A reservation/booking can be made by these different options found on our website and third parties OTAs of our different Services:
5. Payment: The payment must be done by the following methods:
6. Prices and Tariff Changes: Unless otherwise noted, all prices and tariffs are in US Dollars. The price or tariff can change and vary on our website because of the following reasons:
7. Cancellation: Cancellations must be submitted in writing and shall be effective only when received and approved by the Company. For all cancellations made 60 days or more prior to the commencement of any Service, all amounts already paid to the Company shall be reimbursed to the Client. For later cancellations, the Company shall apply the following policy:
Penalties and policies are different between service providers, we will consult with them first before any cancellation and charge you with the penalty fee that they stipulate even if our policy says otherwise.
8. Changes/Modifications: The Client can request only once, a modification of the package, including the commencement date/destination, or if the case of a Service the date, that do not materially affect the total price of the Service package, the fixed itinerary of The Company, the fixed itinerary of service providers, being subject to availability.
Penalties and policies are different between service providers, we will consult with them first before any modification/change and charge you with the penalty fee that they stipulate even if our policy says otherwise.
9. Services Cancellations/Modifications by the Company: In the event of unforeseeable events and circumstances beyond control of the Company such as war, epidemics, natural disasters, Galapagos National Park modification, Ecuadorian government dictation, etc., dangerous occurrences, which could put the lives of any Service or Services participants at risk, the effects and consequences of which cannot be commercially reasonably mitigated or prevented, as well as delays and deviations caused by weather conditions (heavy rains, thunderstorms, fires, etc.); then the Company reserves an exclusive right to change any travel arrangements, cancel the entire package or in particularly itemized Services, either directly from its headquarters or indirectly by the decision of its tour guides and/or group leaders.
10. Obligations of the Client: The Client shall commit to:
12. Assumption of Risk and Liability Release: Participating in the Services organized by the Company may involve the risk of injury from hazards and dangers associated with such activities as hiking in difficult rocky trails, swimming, snorkeling, scuba diving, etc., including but not limited to injuries resulting from slipping or falling on uneven terrain and rocky trails, injury or illness resulting from exposure to sun, windy or other weather conditions, as well as animals attacks. By making a reservation with the Company, the Client affirms that it has considered these risks, that it participation in the package organized by or involving the Company is entirely it choice, and that it agrees to freely accept and fully assume all such risks as well as any other risks involved in participating in the Service package or Services organized by the Company and the possibility of any resulting injury, loss or damage.
The Client and its beneficiaries agree to release, waive and discharge the Company and all of its employees, guides, service providers employees and representatives from and against any and all presently existing and/or future liabilities, damages, actions and claims relating to or arising from any Service, occurrence or event involving the Company, or relating to or arising from any action or omission by the Company or by any employee, guide, service provider employee, or representative of the Company, regardless of whether such action or omission constitutes negligence. The Client and its beneficiaries further agree to indemnify and hold harmless the Company and all of its employees, guides, service provider employee and representatives from and against any loss, damage, liability and expense incurred by the Company as a result of the Client's participating in the Services organized by or involving the Company.
13. Health/Medical Condition of the Client: The Client confirms and represents to the Company that it is in good health and does not suffer from any serious medical condition that may be aggravated by participating in the Services, some of which may be physically demanding. If the Client becomes unable to complete the Service due to intentionally undisclosed health conditions, it shall not be entitled to seek any compensation whatsoever from the Company.
14. Limitation of Responsibility: The Company reserves the right to limit its own responsibilities according to the Law and regulations currently effective in Ecuador.
15. Disputes and Limitation of Damages: In the event of a dispute, the Company and the Client shall endeavor to seek an amicable and faithful agreement. If the parties fail to reach such agreement, the dispute shall be referred to the Ecuadorian court and shall be governed solely by Ecuadorian Law. The Client may submit a claim within 30 days from the completion of the Service package or individual Services. Claims submitted after this deadline shall not be considered. However, no claim against the Company arising out of, or relating to, these Terms and Conditions, the package and its Services, or events or omissions that occur during or in connection with the package or Service, shall exceed the amount actually paid by the Client to the Company for the Services. The Company shall not be liable for any damages or losses other than damages or losses that are actually incurred and already paid for by Client, nor shall Company be liable for any consequential damages, future damages, lost profit, lost opportunity, mental anguish, or pain and suffering.
«Last updated on Aug 25, 2019»