TERMS AND CONDITIONS 2008
Your contract is made subject to the conditions below.
1. BOOKING PROCEDURE
Read all "Terms and Conditions" and "Booking Procedures" carefully. Before making a reservation, be sure to check departures, fees and itineraries.
All reservations will be accepted in written on its receipt; the following information must be provided to the Company at the time of booking:
* Full names as written in the passport, of all the persons travelling
* Nationalities
* Passport numbers and validity
* Dates of birth
* Flight information
* Standard of accommodations and Room share
* Other special requirements: diet, allergies, VIP, medical problems (health condition), fitness level, special interests, etc.
* Exact itinerary and exact dates of the tour
Acceptance of your booking must be confirmed in writing and it is only at this stage when a contract comes into existence. The Company reserved the right to decline a booking for any reason in its sole and absolute discretion.
2. PAYMENT
must be made in the following way:
For all programs except Galapagos Islands tours, reservations made up to fifty (50) days before the departure of the tour, a deposit of 50% of the total tour price plus the 100% of the domestic air tickets cost, is due ten (10) days after the date of booking. If the deposit is not received by the Company 10 days after the date of booking, the Company reserves the right to treat the booking as cancelled.
Remaining 50% of the total tour price must be received by the Company three weeks (21 days) prior to departure. If the balance is not received by the Company 21 days prior to departure, the Company reserves the right to treat the booking as cancelled and apply cancellation charges.
If booking within 21 days of the departure date, full payment must be received immediately.
If booking a Galapagos Islands tour please see "Galapagos Bookings, Terms and Conditions".
Deposits and payments must be made via wire transfer to our bank account (please contact us for detailed information). All bank expenses will be born by the Client.
It is your own responsibility to determine and obtain all necessary travel, medical and other insurance coverage prior to your departure.
It is your responsibility to provide to the Company all personal information, as well as any relevant international flight information, at the time of booking.
3. LIABILITY
The "Company", where such term shall include its owners, affiliates, employees, suppliers, outfitters and agents, shall not be responsible or liable to any "Client", where such term shall include any customer, and/or client of the Company and/or any person who otherwise receives any goods or services provided by the Company, for any injury, damage, accident, loss, claim, delay, and/or irregularity, howsoever caused by, that arises from, is connected to, or is in any way related to any goods or services sold or otherwise provided by the Company. All arrangements made on behalf of the Client are made by the Company on the sole condition that the Company shall not be responsible for any injury, damage, accident, loss, claim, delay, and/or irregularity howsoever caused by, arises from, is connected to or is in any way related to any goods or services sold and/or provided by the Company.
The Client understands that during the course of any trip, certain risks and dangers may occur, including but not limited to the hazards of travelling in mountainous terrain, jungles, rivers, accident or illness in remote places with or without facilities, and subject to the forces of nature. By taking part in any trip, the Client, acknowledges having been advised of the risks associated therein and assumes the sole and exclusive responsibility for such risks.
The Company shall not be responsible or liable to any Client for any injury, damage, accident, loss, claim, delay, and/or irregularity, howsoever caused by, that arises from, is connected to, or is in any way related to any goods or services sold or otherwise provided by the Company's Contractors (where such term includes any third party, including but not limited to any transportation company), retained by the Company to provide goods or services to any Client.
The Company reserves the right to cancel any trip at any time, and/or to alter the routes, schedules, itineraries, amenities, mode of transport, at any time of the trip and in its sole and absolute discretion without liability to any Client for any amount or claim, including but not limited to any monies or payments of any kind that have already been paid by, or on behalf of the Client to the Company, including not limited to circumstances involving the following:
a) War/ Terrorism (threatened or actual)
b) Infectious Diseases
c) Force Majeure.
In the event that any circumstance arises that may affect any trip or the health, safety or security of any Client, or in the event that circumstances otherwise prevent the Company from providing its goods or services to its Clients in a safe manner or at all, the Company reserves the right, in its sole and absolute discretion, to cancel, alter or postpone any trip. In the event that the Company cancels or postpones any trip, the Client shall have no right to make and claim against the Company for any damages or loss whatsoever including but not limited to non-refundable advance purchase air tickets, visa fees, prescription drugs, vaccinations, equipment, or any other expenses incurred by the Client in preparing for any trip. In the event that the Company is liable to any Client for any amount, such amount shall be limited to the amount paid by that Client to the Company.
4. ALL TERMS AND CONDITIONS SHALL APPLY TO ALL CLIENTS
By providing any payment or deposit to the Company, the Client represents to the Company that he/she has read and understood the Booking Procedure and Terms and Conditions, contained herein and has agreed to be bound by same.
Where a Client has provided payment to the Company on behalf of any other Client(s), the Client who has provided the payment to the Company shall, upon providing the payment, be deemed to represent, confirm and covenant to the Company that he/she acts as agent for the other Client(s), that he/she has the full authorisation and consent of such other Client(s) to contract with the Company on their behalf, and to bind them to the Terms and Conditions contained herein, that he/she has advised such other Client(s) of the Booking Procedures and Terms and Conditions contained herein, and that such other Client(s) have read, understood and agreed to be bound by the Booking Procedures and Terms and Conditions contained herein.
Where a Client has provided payment to the Company on behalf of any other Client under the age of 18 (hereinafter referred to as the Minor), the Client who has provided payment to the Company shall be deemed to represent, confirm and covenant to the Company that it is not a minor, that it has fully advised the Minor of each and every Booking Procedure and Terms and Conditions contained herein, that it shall at all material times supervise the Minor and assume all obligations of the Minor together with the Minor, that it is Minor's lawful guardian, that it has advised the minor that the Company bears no liability or responsibility in favour of the Minor, and that the Minor has agreed to same.
5. HEALTH AND FITNESS
It is the responsibility of each Client to ensure that the Company is advised at the time of booking, of any and all material medical problems or issues related to the Client. The Company reserves the right to remove any Client from any activity or from any trip, at any time during the trip if, in the sole and exclusive judgment of the Company, the Client's participation in such activity or trip poses a material risk to the health and safety of any Client or the Company.
Our trips may involve travel to the places where living standards, practices and the provision of utilities, services and accommodations are different than those available at home. Clients are exclusively responsible for choosing a trip that best suits their interests, abilities, fitness level and health.
6. ECUADORIAN LAW
All goods and services provided in any trip are subject to the laws of Ecuador. It is exclusive obligation of the Clients to familiarize themselves with these laws and ensure its compliance thereof.
7. PASSPORTS AND DOCUMENTATION
All Clients must have valid passports for all trips; passport must be valid at least six (6) months beyond the completion date of the trip. It must have sufficient blank pages for all necessary travel visas and entry/exit stamps. All passports, visas, health certificates and other travel documents required for the trip must be obtained by the Client, whose responsibility is to ensure that those are in order, and to meet any additional costs incurred by the Client as a result or failure to comply with such requirements. Any information or advice given by the Company on passports, visas, vaccinations, etc. is given in good faith but without responsibility on the part of the Company.
8. CONDUCT
All Clients are required to respect the interests of others and shall not interfere with the enjoyment of any other Client. The Company reserves the right to remove any Client from any act, activity or trip or portion thereof, at any time without liability to provide the Client with any refund, credit, financial or other compensation, if in the sole and exclusive judgment of the Company, the Client's behaviour may compromise the safety, interests or enjoyment of any other Client or person.
9. SINGLE SUPPLEMENT
All prices are based on double occupancy. Single occupancy, where specifically requested or otherwise required, may be available at an extra charge.
10. INSURANCE
While Sun and Snow Expeditions may make every effort to ensure the health, safety and enjoyment of all our Clients, accidents can happen, and consequently it is strongly recommended that all Clients obtain full insurance coverage including travel, cancellation, medical, evacuation and other emergency coverage, prior to departure. Insurance coverage is not included in the tour price. Insurance coverage is in the sole and exclusive responsibility of the Client. The Company shall not be responsible for any damage, sickness, accident, loss or expense of any kind arising from or related to any goods or services provided by the Company and sustained by the Client whether or not such Client has obtained an insurance policy.
11. TRANSFERS OF BOOKINGS
Galapagos Islands tours are not transferable. Please refer to Galapagos Bookings, Terms and Conditions.
Clients booked on any other trip, may be permitted to transfer to another trip offered by Sun and Snow Expeditions, provided that the Client provides the Company both with a written request and a $100 administrative fee no less than 21 days prior to the earlier departure date. Transfers are subject to availability. Transfer requests made less than 21 days prior to the departure date shall be treated as cancellations and are subject to the Cancellation Policy outlined below.
12. CANCELLATION POLICY
Clients seeking to cancel or revise any trip must provide Sun and Snow Expeditions with a written request in accordance with these Terms and Conditions. Request for cancellations or revisions shall be determined in the sole and absolute discretion of Sun and Snow Expeditions.
Cancellations of the Galapagos Islands trips are subject to the "Galapagos Bookings, Terms and Conditions". Clients booked on any other trip may receive a refund for a cancelled trip subject to a cancellation fee as follows:
Cancellation made: Cancellation fee:
more than 21 days before
departure $300
20-14 days before departure 50% of tour price and 100% of domestic airfares
13-0 days before departure 100% of tour prices and 100% of domestic airfares
All bank expenses will be born by the Client. Clients shall not be entitled to a refund or credit for any trip, portion thereof, goods or services, that the Client does not use or attend for any reason whatsoever, including but not limited to no-show, illness, accident, delay or neglect of any person.
13. CLAIMS
If a Client has a complaint against the Company arising from or relating to any trip, he/she must inform the tour leader, guide or Company representative whilst on the trip, in order that the tour leader/guide/representative can attempt to rectify the matter. If the matter for any reason cannot be rectified in this way, the Client who has a claim, arising from or relating to any trip, shall notify Sun and Snow Expeditions of such claim, on pain of nullity, in writing within 14 days of the scheduled return date for that trip.
14. JURISDICTION
These Terms and Conditions shall be governed in accordance with the laws of Ecuador. Any legal proceeding must be instituted in the exclusive jurisdiction of the Courts of the City of Quito, Ecuador. Should any term or condition, or portion thereof, be held by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, such term or condition shall be severable from the balance of there terms and conditions, and shall not adversely affect the validity or enforceability of the remaining terms and conditions.
