TERMS & CONDITIONS

TERMS AND CONDITIONS 
 

These terms and conditions ("Agreement") constitute a legally binding agreement between Smart Galapagos S.A.S. ("Agency") and the individual or entity contracting the services of the Agency ("Tourist"). By booking a tour with the Agency, the Tourist agrees to be bound by the terms and conditions set forth in this Agreement.

1. Definitions

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1.1. "Agency" refers to Smart Galapagos S.A.S., a tourism agency based in Ecuador, offering tours and travel services primarily to the Galapagos Islands.

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. Release of Liability

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 S.A.S, the client states that he or she and everyone traveling on their travel party is in good enough health to participate in the tour. All activities in our programs are being done by the clients with the full understanding that touring can involve certain risks and that the Agency is not liable for any circumstances that arises.

2.5 The Tourist is solely responsible for making their own travel arrangements to arrive at the designated tour assembly point. It is important to note that the Agency does not provide any arrangements or assistance in the event of delays or disruptions at the outward or homebound points of departure. Therefore, it is recommended that the Tourist takes necessary precautions and allows sufficient time for their travel to avoid any inconveniences.

3. Force Majeure

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, cyber attacks, threat of or acts of terrorism, wars, internal commotion, protests / strikes, terrorism, fire, natural disasters (floods, tsunami, earthquake, volcanic eruption, fire, drought, contamination) , or public authority decisions (legislation or decision by government or state powers that prohibit or impact the performing of a tour), yachts failures,  technical failures among any other force majeure event that could happen. 
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 any additional costs, losses, or inconveniences incurred by the Tourist as a result of such circumstances, and is the tourist the one responsible to cover this possible extra costs.
 

4. Proper behavior, food requirements and insurance

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4.1. Behavior and National Park regulations

All clients that take part in tours in any National Park (including Galapagos National Park), are expected to behave according to Park regulation.

Smart Galapagos S.A.S. and third parties operators expect clients to behave in a normal (social) and respectable way towards guides, drivers, fellow travelers, and other parties they may encounter during the tours. The Agency and third parties operators have the right to refuse service and participation to clients that behave aggressively or that do harm to the wellbeing of other clients, crewmembers, guides, animals, environment, etc.

4.2 Travel information, diet preferences and insurance

The tourist is responsible to provide the Agency with all the required information (Names, nationality, passport number, diet preferences, birthdate, complete flight information, etc) with more than 30 days in advance to their travel date.

Preferences in diet should be mentioned to Smart Galapagos S.A.S. at least 30 days before arrival. If possible, The Agency will try to satisfy your preferences, but cannot guarantee this.

Smart Galapagos S.A.S requires that all participants are covered by appropriated life, travel, accident and medical insurance and that they be financially responsible for such expenses. We recommend that all participants insure their personal property for loss and theft. It is the Tourist sole responsibility to have a valid travel, life and accident insurance that covers Ecuador, Galapagos, Galapagos National Park and Galapagos Marine reserve. No refunds will be made for any reasons including medical reasons, theft or loss of documents.

If you would like to have a Insurance Quote you could check this link or any other you prefer:  www.travelinsurance.com

5. Booking and Payment

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 additional charges or fees associated with the booking, including credit card and service fees.  The Agency reserves the right to modify the prices or impose surcharges due to changes in transportation costs, government taxes or fees, or currency exchange rates. The Tourist will be notified of such changes.
5.3. The Tourist acknowledges that failure to make timely and full payment may result in the cancellation of the reservation, subject to the Agency's cancellation policy as outlined in Clause 6.

5.4. All indicated prices, including upgrades, are per person unless specifically stated otherwise. The price quoted for any tour covers the inclusions as indicated in the tour description. The indicated prices do not include:– vaccination fees;- travel insurance;- costs of travel to and from the start/return point of your tour including your international flights;- the cost of passport and visas;- personal equipment and personal expenses while on the tour and any other expenses specifically excluded on the tour description and/or invoice.
5.5 Extra fees

The following costs are not included in the tour price:

- Entrance to the Galapagos National Park.

- Galapagos Transit Control Card.

- Wet suits on half-day tours or full day tours not specified its inclusion. 

- Isabela pier.

- Water taxis.

- Lobito Bus.

- Ranch entrance.

- Tips to your online Galapagos Travel Assistant.

- Tips to local guides and drivers.

- Meals not included in itinerary.

- Flights to/from Ecuador and to/from Galapagos.

- Inter-Island flight includes 30 pound luggage weight allowance per person.

6. Cancellation and Refunds

6.1. Cancellations by the Tourist must be made in writing (Email and Whatsapp) and will only be effective once the Agency is in receipt of the written document.
6.2. For Island Hopping tours:

-If the TOURIST cancellation is received 150 days or more in advance of the trip start date, a penalty fee of 20% of the total tour value will be charged per person as administrative costs.
-If the TOURIST cancellation is received between 91 and 149 days before the start of the trip, a penalty fee of 40% of the total tour value will be charged per person.
-If the TOURIST cancellation is received between 61 and 90 days before the start of the trip, the TOURIST will forfeit 60% of the total tour value.
-If the TOURIST cancellation is received between 45 and 60 days before the start of the trip, the TOURIST will forfeit 80% of the total tour value.
-If the TOURIST cancellation is received with less than 44 days before the start of the trip, the TOURIST will forfeit 100% of the total tour value.

6.3. For Galapagos Cruises:   

In case of cancellation, the Tourist will comply with the specific cancellation policies for the cruise selected. The Agency will provide the Tourist with the applicable cancellation policies and fees associated with the chosen cruise, only after receiving by the tourist this requirement in a written document. The Tourist is responsible for familiarizing themselves with and adhering to these policies.

 

7. Complaints and refunds

If the Tourist encounters any issues during the tour, it is important to notify Smart Galapagos S.A.S. immediately and in writing (Mail and Whatsapp). Please note that only complaints brought to the attention of the Agency within a maximum period of 2 weeks after the completion of the tour will be addressed. The Agency will make every effort to respond comprehensively to all complaints within 2 weeks of receiving the notification. However, please be aware that response time may be affected if there are delays in obtaining sufficient information from the Operators.

The Tourist acknowledges and understands that the Agency acts as a contracted third party on their behalf. The payment made by the Tourist is directly transferred 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 the funds paid to third-party operators to confirm tour services. The Tourist also acknowledges that they cannot seek reimbursement for those funds from the Agency through credit card chargebacks, legal actions, or any other means. In the event of tour cancellation or complaints, 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 terms and conditions of the third-party operator prevent successful recovery.

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The Agency will not be liable for providing refunds in the following situations:

-Mechanical issues affecting any form of transportation during the trip.
-Substitution of facilities or personnel.
-Late arrival or no-show of the Tourist.
-Tourist's decision to leave the tour early or miss any activities, meals, or accommodations during the tour.
-Issues caused by the Tourist traveling without necessary documentation, including passport, visas, immigration papers, or vaccination certificates.
-Price discrepancies paid by different passengers aboard the same tour, including special last-minute rates.
-Decisions made by any third party that affect the normal operation of the tour, including the Operator, Ecuadorian government, or National Park authority.
-Force majeure events or any other extraordinary circumstances as described in the Force Majeure clause.
-Alteration of the trip itinerary or program by the Operator, either before or after departure.
-Tourist's decision to travel without valid travel insurance, despite the Agency's recommendations.
-Any other circumstances beyond the Agency's control.

Please note that this list is not exhaustive, and other situations may apply.

8. Governing Law and Jurisdiction

8.1. This Agreement shall be governed by and construed in accordance with the laws of Ecuador, without regard to its conflict-of-laws rules.
8.2. 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 comprised of 3 arbitrators. The tribunal shall issue its award in accordance to the Ecuadorian law.

9. Entire Agreement
9.1. 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 S.A.S., the Tourist acknowledges having read, understood, and agreed to be bound by these terms and conditions.


Authorized Representative: Juan Pablo Meneses
Smart Galapagos S.A.S

Mail: travel@smartgapalagos.com

Whatsapp: +593 9840 59770