The company OPERADORA IMAGINE ECUADOR Cia Ltda acts responsibly to protect the privacy
of our clients. We do require personal information about each traveler in order to complete the
booking process – this information is sent to the operator of the tour to issue tickets and also a
copy is held in our office, but at no time will it be shared, loaned or sold to any other third party.
TERMS & CONDITIONS – ENGLISH VERSION
FIRST CLAUSE – Participants:
1.1 The company OPERADORA IMAGINE ECUADOR Cia. Ltda., legally represented by Mr. Juan
Gacitua, from here on and for the effect of this contract will be called “THE AGENCY”.
1.2 The person contracting the services of THE AGENCY from here on will be called “THE TOURIST”.
1.3 The third party company who operate the tour from here on will be called “THE OPERATOR”.
SECOND CLAUSE – Objective of the Contract:
THE TOURIST contracts the AGENCY to provide the necessary advisory service and contacts with
tourism OPERATORS in order to travel and participate in the activities at the destinations chosen
by the TOURIST.
THIRD CLAUSE – Obligations of the parties:
3.1 To provide the best OPERATORS in the market relative to the established price. The
OPERATORS must be legally established and authorized to operate in agreement with Ecuadorian
3.2 To provide all of the necessary information that the tourist will require about his/her
contracted travel destination / tour.
3.3 To provide THE TOURIST with all tickets and vouchers required for participation on the tour.
3.4 To contact the family, insurance company and / or embassy of the TOURIST in case of
accident caused by acts of providence or force majeure. The AGENCY is not responsible for
injuries, death or any other damage caused under any circumstances by the TOURIST.
3.5 To have clearly understood and accepted the social risks that travel inside of Ecuador implies,
and the risks that exist in the practice of extreme sport including but not restricted to mountain
biking, rafting / tubing, climbing, canyoning, rafting, mountain sports, trekking, camping, rappelling / canopy, horse-riding, snorkeling, diving and any other activity or sport where there is contact with nature. The
TOURIST also clearly understands the risks of injury associated with force majeure or acts of
providence such as wars, internal commotion, protests / strikes, terrorism, fire, natural disasters,
public authority decisions, or any other extreme circumstances, and accepts that the AGENCY will
not be responsible for loss, injury or damage to person or property for any of the above causes.
3.6 To hold valid travel insurance up to the end date of the tour contracted, or, in the absence of
such an insurance policy and having no intention of obtaining one, to declare the AGENCY exempt
of all responsibility for any kind of accident, death, injury or physical problem that occurs during
the contracted trip.
3.7 To have all immigration documents in order according to Ecuadorian law, and to
communicate to the AGENCY any kind of special food requirement, disability or sickness that exists
at time of travel.
3.8 To be in sufficient good health to take part in the trip that is reserved.
3.9 To collect all vouchers and tickets from the office of THE AGENCY or by email at least 24 hours prior
to the start of their tour, or to notify THE AGENCY of alternative ticket pickup instructions if
FOURTH CLAUSE – Deposit and confirmation of Tour
4.1 Your reservation is confirmed by the AGENCY only after receipt of a 50% deposit payment
which must be received within 1 week (7 days) of the original booking. In cases where reservation
is made less than 61 days prior to trip departure then full tour payment is required within 1 week
of the original booking.
FIFTH CLAUSE – Payment
5.1 The full balance of the tour fare must be paid no later than 60 days prior to the departure
date otherwise the AGENCY may treat the booking as being cancelled by the TOURIST and apply
cancellation charges as set out in clause 6. Tickets will only be issued to the TOURIST once full
payment has been received by the AGENCY.
5.2 THE AGENCY reserves the right to change the price of a tour without prior notice in the event
of any price increase beyond their control including but not restricted to fuel surcharges, changes
to government taxes, and changes to published flight prices.
SIXTH CLAUSE – Tour Cancellation
6.1 Cancellations by the client must be made in writing and will only be effective once the agency
is in receipt of the written document.
6.2 If the TOURIST cancellation is received 91 days or more in advance of the trip, the initial 30%
deposit value will be refunded less a charge of 250 USD per person for administrative services.
6.3 If the TOURIST cancellation is received between 61 and 90 days before the start of the trip,
the TOURIST will forfeit 100% of the initial 30% deposit value plus an additional 150 USD per
person for administrative services.
6.4 If the TOURIST cancellation is received less than 60 days before the start of the trip, the
TOURIST will forfeit 100% of the total tour value.
SEVENTH CLAUSE – Tour Alteration
7.1 The OPERATOR reserves the right to cancel or modify the tour itinerary due to force majeure
or acts of providence such as wars, internal commotion, protests / strikes, terrorism, fire, natural
disasters, public authority decisions, or any other extreme circumstances; this may include
substitution with comparable yacht, guide, hotel, transport, meals, sightseeing destinations.
EIGHTH CLAUSE – Transportation to the tour assembly point
8.1 The TOURIST is responsible for making his or her own arrangements to arrive at the tour
assembly point. There are no arrangements in existence should the TOURIST be delayed at the
outward or homebound points of departure.
NINTH CLAUSE – Complaints procedure and refunds
9.1 If the TOURIST experiences a problem during the tour then they should inform IMAGINE
ECUADOR immediately and in writing – only complaints that are brought to the attention of the
AGENCY within a maximum period of 1 week after finishing the tour will be handled. The AGENCY
will endeavour to formally respond fully to all complaints within 1 week of receiving notification
although delays in receiving adequate information from operators may lengthen the AGENCY
9.2 THE AGENCY will act as an intermediary in negotiating refunds with THE OPERATOR on behalf
of THE TOURIST. In no case can THE AGENCY guarantee a successful response or refund from THE
9.3 The AGENCY will not be responsible for giving refunds in any of the following situations:
– changes to itinerary before or after departure.
– mechanical issues affecting any form of transport on the trip.
– substitution of facilities or personnel.
– late arrival or no-show of THE TOURIST.
– decision of THE TOURIST to leave the tour early or miss any activities / meals /
accommodations during the tour.
– The TOURIST travelling without necessary documentation including passport, visas,
immigration papers or vaccination certificates.
– price differences paid by different passengers aboard the same tour including special last
– decisions by any third party that affect the normal running of the tour including by THE
OPERATOR, Ecuadorian government or National park authority.
– any other circumstances on your tour arising beyond THE AGENCY’s control.
TENTH CLAUSE – Information
10.1 All information provided by the AGENCY is given in good faith and is based on the latest
information available at the date of publication.
ELEVENTH CLAUSE – Acceptance and duration of the Contract
11.1 The contract exists from the moment the AGENCY receives either deposit or full payment
from the TOURIST up until the end of the tour that has been contracted. Payment to the AGENCY
by the TOURIST of either deposit or full payment means that the TOURIST is in agreement with all
clauses in this contract.
11.2 Anything not stipulated directly under this contract will be governed under current
Ecuadorian Tourism law at the date of the present contract.
TWELTH CLAUSE- Jurisdiction & Process
12.1 In case of controversy the parties will submit to the civil judges of the city of Baños and the
Civil Code Procedure.