GENERAL CONDITIONS KT.iv.07 Updates of this section published at www.kleintours.com Terms and Conditions described here apply to all services, cruises, and programs contracted with Kleintours C. Ltd. and/or Galatours S.A. and/or Latin Cruises, herein after called “KT”. These General Terms and Conditions also apply to any program, service, cruise or third party services sold or arranged by KT. The user of KT´s services agrees to be bounded by these General Conditions and any modifications that might be updated in the future at www.kleintours.com, which are valid at the time of operation of the service provided by KT. The user of KT services is deemed to have read and understood this section. All contracts are governed and construed according to Ecuadorian Law. Trip member, traveler, the client or any person or company contracting services will be called herein as the “user”. Rates Rates published are GROSS and valid for the stated period. Exceptions may apply. Airfares, taxes, and supplements are NET. Quotations might be sent NET. Rates are guaranteed for the stated period, except that severe increases are felt on fuel, logistics, local and international policies, government regulations, money fluctuations or any other event affecting the operation, which are beyond KT control. Any adjustment will be informed when a firm booking with full payment is received. KT accepts no responsibility for discrepancies between verbal quotes / information and written quotes. After payment has been made, all information contained on KT itinerary is considered correct. Booking Guidelines All reservation requests, change in reservation and/or payment shall be advised to KT in written to be taken and accepted by KT. Reservations will be confirmed when total payment is credited in KT accounts. If the services and/or dates are unavailable as requested, KT Central Reservations will offer alternative options. KT needs an update on the number of passengers and cabin type requested This must be done in written within 120, 90 and 60 days prior to cruise date. Names and passports numbers are mandatory 60 days before trip date to keep the booking confirmed. Full cancellation fees apply if booking is cancelled at this time. All unsold space will be released. It is important to remark that a change of name is not allowed. Last minute requests will be subject to availability. All airfares, taxes, schedules, ports of departure, hours of arrival/departure and special programs are subject to change without prior notice. In case of increase in basic services or new taxes imposed by the Government, KT reserves the right to charge this increase to the passenger before rendering service. Passenger’s personal information To issue final confirmation of services, KT requires: - Passengers complete names, - nationality, -date of birth, -passport numbers & passport copy in case of children, accommodation list, language spoken and mother tongue (if information is not provided on time language spoken will be English, KT will not accept further responsibility). Other service information: Dietary requests if any must be notified to KT at least 60 days before departure. KT will do its best effort to satisfy dietary needs, but in certain cases it may not be possible. In special cases KT would need further information such as: height, weight, physical condition, etc. to be able to provide the best accommodations and services to the user. KT will not discriminate against any individual because of race, sex, creed or nationality. Deposit, payment & cancellation policies a) Galapagos Cruises: - 20% deposit is required to reserve space at the moment of the confirmation; - Additional 30% must be paid between 120 & 90 days prior departure; - Balance must be fully credited in KT designated account 60 days before departure. - Lack of payment will produce an automatic cancellation of booked space. - Deposits and payments are non refundable, exceptions apply when agreed in written by KT legal representative.
b) Land tour services: Full payment is required 60 days before departure. If a cancellation occurs any refund will be subject to KT’s and third party (suppliers) cancellation policies. * Stronger cancellation charges and policies are enforced when booking certain properties as jungle lodges, Galapagos hotels, plain or train facilities, accommodation during high demanded seasons, guidance services, meals and others. c) High Occupancy Dates (“HOD”): When a Galapagos Cruise departure is full, KT reserves the right to ask for a non refundable additional deposit or full payment of the services besides the conditions mentioned above. If the HOD condition is accepted by the user and service is cancelled afterwards, no refund will be made and 100% charges apply. If the “HOD” advise is not accepted by the client, the booking will be treated as cancelled and listed as “requested” only, space can be confirmed in the future only if available. This “HOD” condition prevails over a) and b) mentioned above. d) Charters: Booking is not confirmed until a 20% non refundable deposit is credited in KT designated account. Additional 30% is required 180 days before departure and balance 90 days before. All deposits are non refundable. KT reserves the right to confirm spaces on a first come first served basis. e) Cancellations: All cancellations shall be notified in writing to be taken and accepted by KT. Cancellation fees will be charged from all deposits or payments automatically. If a booking agent guarantees a reservation without payment, invoice should be honored in case services are cancelled. f) Payment: Payments can be made only in the account specified by KT in US dollars or Euros. Any expenses for transferring funds must be covered by the user and included on the payment. KT must receive advice of payment to be able to verify when money was credited. Reservations will only be confirmed when money is totally credited in KT accounts. If the user does not respect these terms, KT reserves the right to place reservations under request, deny services or demand the corresponding payment directly to the traveler who is jointly liable of all conditions and terms stated in these policies and in our agreements or quotations. g) Refunds & compensation: As a basic principle, no refund will be made for any unused hotel or cruise accommodation, service or transport. However, in case we are able to obtain a refund there might be a deduction for administrative charges. KT responsibility will not extend beyond this refund and no payments will be made, or compensation given in respect of claims for contingent liability or inconvenience experienced by users. No refund can be made on lost, mislaid or destroyed tickets or vouchers nor on lost property. Any refunds will be credited to the next booking by a credit note. Complaints Any complaint the user might have while on holiday must be brought to KT main office attention immediately, in order to solve the matter. If satisfaction is no reached, complain must be put in written to KT in the “comment cards” provided for land or cruise services. A formal complain must be sent within 30 days of the end of the tour. KT will not accept any liability of claims received after this period. Insurance It is mandatory to all the passengers using any KT services or third party services arranged by KT. to have valid travel insurance before arriving in Ecuador. Insurance is not included on KT tours and cruises. We highly recommend purchasing traveler’s insurance for traveler and its property, as well as for trip delay, trip cancellation, interruption, baggage, life insurance, medical, accident, sickness, etc. KT equipment fulfills with local insurance law requirements for their operation. Physical and health disability Any physical or health disability that may require special attention or treatment should be reported in written to KT. KT reserves the right to decline the provision of services. Trip members have the responsibility to select a trip appropriate to their abilities and interests. KT will not respond for any consequences or expenses incurred for any changes, cancellations, accidents, injury, death, etc. caused by any disability, reported or not to KT. No refund will be forthcoming for missed sightseeing, meals, and early/late departures and dislike visits. KT assumes no liability regarding provision of medical care during the trip. Operation Safety If a passenger is believed to be dangerous to himself or others, or causes disturbance to other passengers, KT representative or the ship’s captain may refuse passenger or terminate any cruise or land program to any passenger at any time at the risk and expense of the disembarked passenger. - For safety reasons KT will not accept in the cruises or land tour any passenger carrying fire or sharp weapons that could cause any injury to himself or other passengers, crew, flora or fauna. Forbidden articles: Guns – Knifes - Compressed gases – Corrosives – Poisons - Explosives: fire arms, munitions, fireworks and flares - Flammable liquids and solids - Radioactive and oxidizing materials - KT reserves the right to refuse, revoke, accept or restrain further participation to any person whose actions impede trip operation or the rights, welfare, or enjoyment of other trip members or is dangerous to him or others. - KT also reserves the right to refuse, revoke, accept or restrain from further participation to any person it judges to be incapable of meeting the rigors and requirements or participating in the activities planned or contracted. - KT shall not be required to refund any portion of the fare paid by any passenger who must leave the cruise or land service prematurely for any of the reasons detailed above. Therefore KT will not be responsible for lodging, meals, return transportation or other expenses incurred by the Passenger due to these reasons. - KT shall not be held liable for the actions or activities of any passenger who consumes purchases or obtains, by any means, alcoholic beverages or illegal drugs. Illegal drugs are under no means allowed on board or in our land excursions. Its position will be reported immediately. If detected the cruise or tour will immediately be terminated with forfeiture of all money paid. Third party services - KT acts only as the agent for the owners, contractor and suppliers providing means of transportation and/or related travel services, and assumes no responsibility, however caused, for injury, loss, damage to person or property in connection with any service resulting directly or indirectly from, but not limited to: detention, annoyance, delays and expenses arising from quarantine, strikes, thefts, pilferage, force major, failure of any means or conveyance to arrive and depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and discrepancies or changes on transit on aircrafts, cruises, hotel and any other services and facilities, for incidents such as airline cancellations, re-routing or any disruptions of schedule, service or accommodation, for baggage lost by airlines or the independent tour operators who handle transfer or land arrangements. - KT is not responsible for the acts and / or omissions of third party providers, or for any loss, damage, or expense which the user may incur as a consequence of the acts and / or omissions of other third party service. - KT and its associates act only as agents for passengers in all matters pertaining to transportation, accommodations, or other services. As agents, tickets, exchange orders, or vouchers if issued by KT are subject to any and all terms and conditions under which such means of transportation; accommodations or other services are offered or provided. - KT will not be liable and Travelers release KT for any injury, damage, loss, accident, delay or irregularity which may be caused by any such other party, person, firm or corporation in carrying out or failing to carry out arrangements previously agreed upon, nor for the negligent misconduct, willful, criminal or otherwise of any such other party, person, firm or corporation in providing or failing to provide services, nor are to be held responsible for any act, omission or event during the passengers trip. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY Operation Guarantee KT will endeavor to guarantee tours as far in advance as possible, however some tours can not be guaranteed until 15 days prior to departure. Should passenger’s program be cancelled due to lack of enrolment, or commercial reasons, the client will be contacted prior to the scheduled departure. The program might be re-booked or KT may refund the total payment made for the service not provided. Necessary changes in the itinerary may be made where deemed necessary or advisable by KT, including substitution with comparable hotel, yacht or vessel, attractions, sightseeing or transportation unit. Extra costs due to unexpected changes in the itinerary for reasons beyond our control are not included. (If upgrade is necessary, higher rates may apply). Major changes will be informed as soon as possible if there is time before departure. The user may choose between: a) accepting the change, b) accepting any alternative tour offered or c) a compensation for the service not rendered. Refunds will be made as a credit note directly to the tour operator involved or the paying party. If the client decides to take the alternative offered, no further refunds or credit will be allowed unless specified so in written. KT will not respond for additional claims. To keep Safety and Security standards required and to improve services, maintenance of units and dry dock dates might be advised without previous notice. Changes in fleet & itineraries If it is not possible for KT to operate the contracted cruise or tour due to causes beyond its control, within 24 hours after the departure date, the cruise/tour may be cancelled and the money paid will be refunded. In case of damage of the vessel, which can not be repaired during 24 consecutive hours, KT will refund the pro-rate from the time the embarkation was disabled or tour operation cancelled. In cases of for force majeure or commercial reasons, KT is entitled to provide a similar quality / price vessel, yacht, tour arrangement - if available - and reserves the right to substitute it for a similar one, with or without previous notice - The Galapagos cruises itineraries are subject to change without previous notice and can be operated in a different sequence. All Galapagos itineraries are under the direction of the Galapagos Park Administration or can be changed at the captain’s discretion. - Land tours itineraries are also subject to change due to weather conditions, strikes, natural events, or force major out of KT’s control, or luck of a minimum number of participants. KT reserves the right to modify the itineraries and offer the best available alternative for passengers. - There is no guarantee of observing specific wildlife during a particular land tour or cruise. All sightings are subject to environmental conditions. - Any independent arrangements that the passenger make that are not part of the initial program are entirely at passenger’s own risk. These services must be paid by the passenger directly to the third party operator. Limitation of Liability - KT refuses all and every liability from any and all claims of loss or damage to baggage or property of the passenger; personal injuries, death; loss or delay arising out of the acts, omissions or negligence of any independent contractor or third party supplier, such as but not limited to: carriers, cruise boats, hotels, restaurants, transportation providers and other services or facilities. - KT refuses all and every liability for any accident during the practice of water sports, excursions on the islands or the mainland, any activities outside our facilities. KT is not liable for any loss, injury; death or damage if such was not caused by negligence of KT when using KT own facilities in which case liability is limited to local law regulations. - KT may accept children as passengers in Galapagos or Ecuador, although, KT refuses all and every liability for any accident that might occur to minors. Children are under the sole responsibility of their parents or legal guardian. - It is the passenger responsibility and is committed to compensate KT for all penalties, fines, charges, losses and/or expenses incurred or imposed by virtue of any act, omission or violation of law by the passenger and for all damage to the ship any property caused by any willful or negligent act or omission on the part of the passenger. - KT reserves the right to take photographic or film records of any of our trips and its participants, and may use any such records for promotional and/or commercial purposes. Commercial videos or photographs used for commercial reasons need specific and previous authorization from the National Park Authorities. - Passengers must be in generally good health and physical conditions. It is their responsibility to decide if the participation on the tour is safe as they will have to go up and down stairways, walk over irregular terrain and get on and off the yacht and vessel from a small skiff and travel by car/bus in Ecuador. IN NO EVENT SHALL KT HAVE ANY LIABIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CHARACTERIZED. - No employee, servant, agent or associate of KT may vary any of the above booking conditions without the written consent from the board of directors Jurisdiction This agreement shall be governed and construed according to Ecuadorian Law. In case that any dispute between these parties arise product of this agreement, and if this dispute can not be solved between the two parties, both KT and THE CLIENT will be subject to the Jurisdiction of the Arbitral Court of the Chamber of Commerce of Quito (CCQ), under the regulations of the Ecuadorian Law of Arbitration and the Arbitration Center Rules. The rules for the Arbitration process will be the following: The parties resign the ordinary administration of Justice, and they obligate themselves to accept the resolution adopted by the Arbitration Court; the Arbitration Court will be conformed by three (3) members; The arbitration process will be in Spanish, will take place at the Center of Arbitration of the CCQ and will be confidential. |