Terms & Conditions

1.1. “Agency” refers to Smart Galapagos JPMR S.A.S., a tourism agency based in Ecuador, offering tours and travel services primarily to the Galapagos Islands, the Andes and the Amazon Jungle.

1.2. “Tourist” refers to the individual or individuals (couple, family, group, travel party) or entity contracting the services of the Agency, including all participants listed under the Tourist’s booking.

1.3. “Operators” refers to third-party companies responsible for operating and providing specific services related to the tour, including transportation, transfers, accommodations, and activities.

2.1. The Agency acts solely as an intermediary between the Tourist and the Operators. The Agency does not own or operate any transportation, accommodation, tours, or activity facilities and shall not be held liable for any accidents, delays, injuries, losses, damages, or expenses incurred by the Tourist during the tour.

2.2. The Tourist acknowledges that travel to the Galapagos Islands may involve inherent risks, including but not limited to those associated with wildlife encounters, water activities, transportation (inter-island flights, fast boats, yachts, ferries, cars, buses), and adventurous excursions. The Tourist assumes all such risks voluntarily and agrees to release the Agency and the Operators from any liability arising from these risks.

2.3. The Tourist agrees to comply with all safety instructions provided by the Agency, Operators and the Galapagos National Park’s rules and to exercise reasonable care and caution during the tour. The Tourist acknowledges that failure to do so may result in injury, illness, or damage, for which the Agency shall not be held responsible.

2.4. By making a reservation for any tour with Smart Galapagos JPMR S.A.S., the client states that they and everyone traveling in their travel party are in good enough health to participate in the tour. All activities in our programs are undertaken by clients with the full understanding that touring can involve certain risks and that the Agency is not liable for any circumstances that arise.

2.5. The Tourist is solely responsible for making their own travel arrangements to arrive at the designated tour assembly point. The Agency does not provide arrangements or assistance in the event of delays or disruptions at outward or homebound points of departure. The Tourist should take the necessary precautions and allow sufficient travel time to avoid inconvenience.

2.6. Inter-Island Flights Disclaimer: The Tourist acknowledges that inter-island flights within the Galapagos Islands are operated exclusively by independent third-party aviation companies using small aircraft. Such services are subject to operational limitations, weather conditions, air traffic restrictions, baggage limitations, delays, schedule modifications, cancellations, and other circumstances beyond the Agency’s control. Smart Galapagos JPMR S.A.S. does not own, operate, maintain, supervise, or control any aircraft and shall not be liable for any injury, accident, death, loss, damage, delay, cancellation, denied boarding, baggage restriction, or other event, loss, expense or consequence arising from or related to inter-island air transportation. Any claims relating to the operation or performance of an inter-island flight shall be directed exclusively against the corresponding airline or aviation operator.

2.7. Inter-Island Fast Boats (Ferries) and Maritime Transit Disclaimer: The Tourist explicitly acknowledges that inter-island fast boats (ferries) cross open ocean waters within the Galapagos Marine Reserve. These voyages are subject to heavy waves, strong maritime currents, unpredictable swells, wind, and sudden atmospheric changes. The Tourist assumes all inherent risks of maritime travel, including but not limited to severe motion sickness (seasickness), blunt impact or jolts from wave action, slips, trips or falls due to sudden boat maneuvering, and extensive water exposure. The Agency shall not be held liable for any physical discomfort, personal injury, travel delays, missed connections, or any damage or loss of luggage, personal effects, or electronic devices resulting from water spray, moisture, or impact during maritime transit. Passengers with pre-existing back, neck, or joint conditions, or pregnancy, are advised that speedboat transit can be physically challenging and do so entirely at their own risk.

2.8. Tour Excursions and Dynamic Itinerary Disclaimer: The Tourist acknowledges that day tours, land excursions, and aquatic activities are operated in dynamic, natural, and remote environments. Wildlife encounters are completely wild and unpredictable; the Agency cannot guarantee specific animal behaviors or sightings. Itineraries, visit points, and activities may be altered, rearranged, delayed, or cancelled in real time by the Operator, National Park Guides, or the Galapagos National Park Directorate due to safety, climatic variations, environmental conservation directives, or mechanical failures of regional equipment. The Tourist waives any claim for refunds or compensation regarding itinerary adaptations made to ensure safety, operational viability, or regulatory compliance. Due to the remote and adventurous nature of the itineraries, including but not limited to the Galapagos Islands and the Amazon Jungle, all passengers are strongly advised to obtain comprehensive travel insurance before departure. This policy must provide adequate coverage for trip cancellation, trip interruption, personal injury, medical expenses, and emergency medical evacuation or repatriation of remains. The Agency shall not be held liable for any out-of-pocket medical expenses, evacuation costs, or financial losses resulting from the passenger’s failure to secure appropriate insurance coverage.

3.1. The Agency shall not be liable for any delays, alterations, or cancellations of the tour due to circumstances beyond its reasonable control, including but not limited to acts of nature, war, pandemic, epidemic, extreme weather, civil unrest, government regulations, social protests, labor disputes, energy blackouts, cyberattacks, threats or acts of terrorism, internal commotion, strikes, fire, natural disasters (including floods, tsunami, earthquake, volcanic eruption, drought, or contamination), public authority decisions that prohibit or affect the performance of a tour, yacht failures, technical failures, or any other force majeure event.

3.2. In the event of force majeure, the Agency will make reasonable efforts to provide suitable alternatives or reschedule the tour. However, the Tourist acknowledges that the Agency shall not be held responsible for additional costs, losses, or inconveniences incurred as a result of such circumstances, and the Tourist is responsible for covering these possible extra costs. If an inter-island flight is cancelled, delayed, or suspended by the airline and no reasonable alternative flight is available, Smart Galapagos JPMR S.A.S. reserves the right to substitute that transportation with a speedboat service or any other available transportation alternative in order to continue the itinerary. In such cases, the Agency will refund only the difference between the inter-island flight cost paid by the Tourist and the replacement transportation cost, if applicable. No additional compensation, refund, or liability shall arise from such substitution.

4.1. Behavior and National Park Regulations: All clients who take part in tours in any National Park, including Galapagos National Park, are expected to behave according to Park regulations. Smart Galapagos JPMR S.A.S. and third-party Operators expect clients to behave in a normal, social, and respectful way toward guides, drivers, fellow travelers, and other parties they may encounter during tours. The Agency and third-party Operators have the right to refuse service and participation to clients who behave aggressively or harm the well-being of other clients, crew members, guides, animals, or the environment.

4.2. Travel Information, Dietary Preferences and Insurance: The Tourist is responsible for providing the Agency with all required information, including names, nationality, passport number, dietary preferences, birth date, and complete flight information, more than 30 days before the travel date. Dietary preferences should be communicated to Smart Galapagos JPMR S.A.S. at least 30 days before arrival. The Agency will try to satisfy these preferences where possible but cannot guarantee them. Smart Galapagos JPMR S.A.S. requires all participants to be covered by appropriate life, travel, accident, and medical insurance and to be financially responsible for related expenses. We recommend that all participants insure their personal property against loss and theft. It is the Tourist’s sole responsibility to hold valid travel, life, and accident insurance covering Ecuador, the Galapagos, Galapagos National Park, and the Galapagos Marine Reserve. No refunds will be made for any reason, including medical reasons, theft, or loss of documents.

5.1. The Tourist must make a reservation with the Agency by completing the designated booking process and providing accurate and complete information.

5.2. The Tourist agrees to pay the specified tour price and any associated charges, including credit-card and service fees. Prices or surcharges may change because of transportation costs, government taxes or fees, or exchange rates; the Tourist will be notified.

5.3. The Tourist acknowledges that failure to make timely and full payment may result in cancellation of the reservation, subject to the Agency’s cancellation policy outlined in Clause 6.

5.4. All indicated prices, including upgrades, are per person unless specifically stated otherwise. The price quoted for a tour covers the inclusions indicated in the tour description. Unless expressly included, prices do not include vaccination fees, travel insurance, travel to and from the start or return point of the tour (including international flights), passports and visas, entrance fees, TCT, water taxis and pier fees, personal equipment, personal expenses, or any other expense specifically excluded in the tour description or invoice.

5.5. Possible extra fees include entrance to Galapagos National Park, the Galapagos Transit Control Card, wetsuits on half-day or full-day tours when not specified as included, Isabela pier fees, water taxis, Lobito Bus, ranch entrance, tips to your online Galapagos Travel Assistant, tips to local guides and drivers, meals not included in the itinerary, flights to or from Ecuador and the Galapagos, and excess baggage. Inter-island flights include a maximum combined allowance of 35 pounds per person for checked and hand luggage. Excess baggage may be refused by the airline if not disclosed in advance or may be subject to additional fees payable directly by the Tourist. Smart Galapagos JPMR S.A.S. shall not be responsible for additional charges, denied baggage, delays, or operational issues arising from excess luggage.

6.1. Cancellations by the Tourist must be made in writing by email and WhatsApp and will only be effective once the Agency receives the written request.

6.2. For Galapagos Island Hopping, Andes, and Amazon Jungle tours: cancellations received 150 days or more before the trip start date incur a penalty of 20% of the total tour value per person as administrative costs; cancellations received 91 to 149 days before departure incur a 40% penalty; cancellations received 61 to 90 days before departure incur a 60% penalty; cancellations received 45 to 60 days before departure incur an 80% penalty; and cancellations received fewer than 44 days before departure incur a 100% penalty. Itinerary changes can only be made with at least 30 days’ notice and when availability is confirmed by the travel assistant, with or without penalties. If there is no availability, the request is considered a cancellation.

6.3. For Galapagos Cruises: In the event of cancellation, the Tourist must comply with the specific cancellation policies for the selected cruise. The Agency will provide the applicable cancellation policies and fees associated with the chosen cruise after receiving a written request from the Tourist. The Tourist is responsible for familiarizing themselves with and adhering to these policies.

7.1. If the Tourist encounters any issues during the tour, Smart Galapagos JPMR S.A.S. must be notified immediately and in writing by email and WhatsApp. Only complaints brought to the Agency’s attention within a maximum period of two weeks after completion of the tour will be addressed. The Agency will make every effort to respond comprehensively within two weeks of receiving the notification, although response time may be affected by delays in obtaining sufficient information from Operators.

7.2. The Tourist acknowledges and understands that the Agency acts as a contracted third party on their behalf. Payments made by the Tourist are transferred directly to third-party service providers to secure the requested travel services. By authorizing and agreeing to this arrangement, the Tourist acknowledges that the Agency cannot be held responsible for funds paid to third-party Operators to confirm tour services.

7.3. The Tourist also acknowledges that they cannot seek reimbursement for those funds from the Agency through credit-card chargebacks, legal action, or any other means. In the event of a tour cancellation or complaint, the Agency will make every effort to recover funds from the third-party Operator to provide a refund to the Tourist. However, the Agency cannot be held responsible if the third-party Operator’s terms and conditions prevent successful recovery.

7.4. Chargeback: The Tourist agrees that any chargeback, payment dispute, or claim filed against payments already transferred to third-party suppliers shall constitute a breach of this Agreement.

7.5. The Agency will not be liable for refunds in situations including mechanical issues affecting transportation; substitution of facilities, vessels, routes, air carriers, or personnel; late arrival or no-show by the Tourist; the Tourist’s decision to leave the tour early or miss activities, excursions, ferry crossings, flights, meals, or accommodations; travel without required passports, visas, immigration documents, or vaccination certificates; price differences between passengers, including special last-minute rates; decisions by Operators, airlines, speedboat captains, the Ecuadorian government, or National Park authorities that affect normal tour operation; force majeure or other extraordinary environmental or social circumstances; changes to the itinerary, schedule, or program by an Operator or airline before or after departure; the Tourist’s decision to travel without valid travel insurance despite the Agency’s requirements and recommendations; or any other circumstances completely beyond the Agency’s control. This list is not exhaustive and other situations may apply.

8.1. During your trip, Smart Galapagos and its authorized representatives may take photographs, videos, or other visual recordings that may include you. By providing your consent, you authorize Smart Galapagos to use your image, likeness, and voice, where applicable, in photographs and audiovisual materials for its website, social media, promotional materials, advertising, and other marketing communications related to Smart Galapagos.

This authorization is granted voluntarily and without compensation. You may withdraw your consent for future use by contacting Smart Galapagos at travel@smartgalapagos.com. Withdrawal will not affect uses lawfully made before the withdrawal was received.

9.1. This Agreement shall be governed by and construed in accordance with the laws of Ecuador, without regard to its conflict-of-laws rules.

9.2. Any disputes arising out of or in connection with this Agreement shall be subject to arbitration. The arbitration shall be conducted in Spanish under the Rules of the Arbitration and Mediation Centre of Quito’s Chamber of Commerce. The tribunal shall be composed of one arbitrator unless Ecuadorian law or the Arbitration and Mediation Centre determines otherwise. The tribunal shall issue its award in accordance with Ecuadorian law.

10.1. This Agreement constitutes the entire agreement between the Agency and the Tourist and supersedes all prior discussions, negotiations, or agreements, whether oral or written, relating to the subject matter herein. By booking a tour with Smart Galapagos JPMR S.A.S., the Tourist acknowledges having read, understood, and agreed to be bound by these terms and conditions.