Terms and Conditions

The terms and conditions described apply to all reservations made with Feelecuador Tours Cía. Ltda. hereinafter and for the effect of this document will be called the “Company”.

The person who contracts the services of the Company from now on will be called the “Client”. The Client agrees to be bound by the present terms and conditions. Any deposit or payment made by the Client for the services of the Company constitutes acceptance of the terms and conditions described as follows:

1. PRICES

The prices are in dollars of the United States of America and are per person. The prices are subject to change and availability. There could be unexpected increase of prices due to contingencies out of the reach of the Company and, if there is any, the Company will properly inform when it is about a full cancelation of a reservation. All items that are not detailed in the itinerary must be paid directly by the Client.

2. RESERVATIONS AND PAYMENTS

All requests for reservations, changes or cancellation must be notified in writing to Feelecuador Tours Cía. Ltda.

In order to confirm a reservation, it is necessary that the Client submit in writing full names; nationality; passport number; blood type; illness, any physical disability or health problem that might require special attention or treatment, allergies; and, emergency contacts.

The reservations will be confirmed once the deposit of the 30% of the total price of the chosen tour is received. The full balance of the tour fare must be paid no later than 60 days prior to the departure date, otherwise the Company will consider the reservation as cancelled by the Client and will proceed to apply cancelation charges according to the Cancellations policy detailed below.

The deposits must be made to our account in Ecuador. In case of wire transfer, the Company will send our local bank information. The Client will pay for the charges for transferring funds. Please notice that the Company needs to receive the notice of payment in order to check and confirm the deposit.

3. CANCELLATIONS

Cancellations must be notified in writing and to be accepted and confirmed by the Company. Cancellation fees will be automatically deducted from the deposits or payments. The deposits or payments will be fully refundable, less a charge of US$200 per person for administrative services, if the Client cancels the reservation before 60 days prior to departure date.

If the Client cancels the reservation from 59 to 31 days before the start of the trip, the Client will forfeit 50% of the total tour price plus an extra charge of US$200 per person for administrative services.

If the cancellation is made less than 30 days or less before the day of departure, the Client will forfeit 100% of the total price of the tour.

A cancellation made due to medical reasons could be accepted only with a medical report and with the acceptance of the operator, and in this case, a 50% of the total price of the tour will be refund.

If the Company modifies the itinerary due to force majeure or acts such as war, internal commotion, strikes, terrorism, fire, natural disasters, government or public authorities decisions, or any other extreme circumstances, the Company is not obligated to compensate the Client. In case of operational facts that could affect the tour, such as mechanical problems of vehicles or vessels, it is the responsibility of the operator agent and not the Company to provide an alternative tour or a refund to the Client.

4. INSURANCE

It is mandatory for the Client to obtain travel insurance and all necessary insurance before arriving in Ecuador. The insurance is not included on the Company’s programs.

5. REFUNDS AND COMPENSATIONS

No refund will be made for any unused service such as hotel or cruise accommodation, service or transportation. If a refund is made, there may be a fee withheld for administrative charges.

The responsibility of the Company will not extend beyond this refund and no payment will be done, or compensation given, in respect to claims for contingent liability or inconvenience experienced by the Client. No refund can be made on lost, mislaid or destroyed tickets or vouchers or on lost property.

No refund will be made for any missed service, except for those where it is possible to demonstrate that they were responsibility of the operator.

Any complaint or comment that the Client might have while on holiday must be detailed in writing by the Client and addressed to the Company’s office within 30 days after the end of the tour in order to process it properly.

6. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY

The Company acts as agent of other companies it represents and, therefore, accepts no responsibility for accidents, damage, losses and/or delays due to strikes, weather, nature forces, war, Government or authorities decisions, criminal acts committed by third parties, hostilities, civil disturbances, riots, thefts, defects of vehicles or breakdown of equipment, or any problems caused by operator agents.

The Company will not be responsible for any damage resulting directly or indirectly from delays, cancellations, or changes of flights, hotels, cruise lines, restaurants, transport suppliers and other services or location. In the event it becomes necessary or advisable for the comfort or well being of the Client, or for any other reason, to change or alter the itinerary, such alterations could be made without penalty to the Company. The Client will pay additional expenses.

The Company reserves the right to refuse or cancel any Client at its absolute discretion, without being under obligation to give a reason for that action.

If a Client is believe to be a hazard for himself or others or whose actions impede the right tour operation or jeopardize the rights, welfare, enjoyment of the trip, the Company reserves the right to refuse, revoke or restrain the further participation of said Client at total risk and expense of the Client. The Company will not be obligated to refund any portion of the rate paid by any Client who must leave the tour prematurely, and, therefore, the Company will not be responsible for accommodations, meals, return transportation or other expenses incurred by the Client for these reasons.

The Company will not be held liable for the actions or activities of any Client that consumes, buys or obtains, by any means, alcoholic beverages or illegal drugs. Illegal drugs are strictly forbidden during the trip. The illegal possession of drugs must be notified immediately. If it is detected, the tour will be cancelled immediately and all the money paid forfeited.

The Company refuses any and every liability for an accident stemming from the practice of water sports, hikes on the island, boating on the river, or hikes on mainland. The Company will not be responsible for any loss, injury, harm or death unless it was caused by negligence of the Company in which case liability will be subject to local laws and regulations.

The Clients must be in good health and physical condition. It is the Client’s responsibility to decide if their participation in the tour is safe as they will have to climb up and down during hikes, walk over uneven terrain, get on and off a boat or ship, expend long distances on a boat, car or bus. However, in no case will the Company be held liable for incidental or consequential damages. The Company reserves the right to restrict the participation if the Client presumes to be some kind of imminent hazard for the Client or other members of the group, and the Client will be fully responsible of all related risks and costs.

Any physical disability or health problem that might require special attention or treatment should be reported in writing to the Company. In these cases, the Company reserves the right to decline the provision of services. The Clients are responsible for choosing a trip that is in keeping with their abilities and interests. The Company will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injuries, death, etc. caused by any disability, whether it has been reported to the Company or not. No refund will be forth coming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the Client. The Company will not be held liable for the provision of medical care during the trip.

The Company reserves de right to cancel a tour for any reason prior to departure date and will not be responsible for any damages resulting from said cancellation. In case of such tour cancellation by the Company, a full refund of the money paid to the Company will be offered. There will not be any additional liability.

7. JURISDICTION

This agreement will be governed by Ecuadorian law and, therefore, will be interpreted within the framework of this law. In case of a dispute, both parts will be subject to the jurisdiction of the Arbitration Court of the Chamber of Commerce of Quito, according to the regulations of the Ecuadorian Arbitration Law. As part of the rules of the process, both parts waive ordinary administration of justice and are bound to accept the rulings issued by the Arbitration Court. The arbitration process will be in Spanish, will be conducted in the Arbitration Center of the Chamber of Commerce of Quito, and will be confidential. All parties must cover corresponding fees and charges.

8. ACCEPTANCE

The Client accepts the content of this document and signs it to confirm the clear and total understanding of each part.