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 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
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 Will 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 law.
3.2 Will provide all of the necessary information that the tourist will require about his/her contracted travel destination / tour.
3.3 Will provide THE TOURIST with all tickets and vouchers required for participation on the tour.
3.4 Will 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 Understands and accepts the social risks that travel inside of Ecuador implies, and accepts the risks that exist in the practice of extreme sports including but not restricted to mountain biking, rafting / tubing, climbing, canyoning, mountain climbing, 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 Will 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 Will have all immigration documents in order according to Ecuadorian law, and will communicate to the AGENCY any kind of special food requirement, disability or sickness that exists at time of travel.
3.8 Will be in sufficient good health to take part in the trip that is reserved.
3.9 Will 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 applicable.
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 the 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.
NOTE: Tours canceled due to verifiable Covid-related emergencies during the pandemic may be rescheduled at a future date with no penalty.
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 endeavor 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 response time.
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 OPERATOR.
9.3 The AGENCY will not be responsible for giving refunds in any of the following situations:
- Tours canceled due to verifiable Covid-related emergencies during the pandemic will not be refunded but may be rescheduled at a future date with no penalty. .
- Flights cancellations or delay
- 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 is 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-minute rates.
- Decisions by any third party that affect the normal running of the tour including those made by the Operator, the Ecuadorian government or the National park authority.
- Any other changes that affect your tour due to circumstances outside 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 This contract exists from the moment the AGENCY receives either a 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 the current Ecuadorian Tourism law at the date of the present contract.
TWELFTH 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.