1. Contract with Journey Ecuador.

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After having agreed the travel itinerary and the costs, the client will be asked for a deposit for the tour. Upon receiving this payment, Journey Ecuador will send a confirmation which must be accepted and answered by email. The acceptance and confirmation will serve as a legally binding contract for the services requested according to the previously agreed itinerary and route details.

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In the event that the client contracts the services on behalf of several people, he / she will be responsible for all the contractual obligations of the members of the group. After concluding the contract, the client authorizes Journey Ecuador to store their personal data, which will be used to facilitate compliance with the itinerary. The information of our passengers will not be used for commercial uses or any other type of interest.

 

2. Payment agreement.

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To confirm the agreed travel contract, a deposit of 30% of the total price (per person) of the tour is mandatory. The remaining 70% balance of the tour price must be paid no later than 30 days before a tour departure from the Ecuadorian mainland, and 90 days before departure from all travel to the Galapagos Islands and mainland tours to other countries in South America excluding Ecuador.

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If customers request the provision of Journey Ecuador services less than 30 days before the start date of the tour in continental Ecuador or less than 90 days in the Galapagos Islands or in another country in South America (other than Ecuador), the Tours total cost will be paid immediately.

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If a client does not pay the entire tour on the agreed date ¨30 days before the start of the tour in continental Ecuador and 90 days in the Galapagos Islands or another country in South America other than Ecuador¨, the client could lose their tour. Similarly, by not making the full payment before the tour expiration date, the client will lose all the payments made for the reservations of the services.

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If the tour costs have not been paid in full before the start of the agreed trip, Journey Ecuador will be released from its service obligations and may require the client to pay the costs that are charged for the cancellation.

Payment methods with Journey Ecuador.

 

1) Bank Transfers

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Bank’s name: PACIFIC NATIONAL BANK

​Account Name:

Beneficiary’s Street Address: Quito, Ecuador

Account No.:

 

2) Payments made using PayPal.

A client can also make payments using the electronic PayPal system, using a credit card and paying via the Internet. In this case, there will be a 3.9% fee added to the total price of the tour. 

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3) Payments made by credit card.

A client can make their payments with a credit card by paying online. In this case, there will be a 3.9% fee added to the total cost of the tour (Payments with American Express credit cards require an additional charge of 1%)

 

3. Detailed Journey Ecuador service.

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The majority of services is detailed as per our descriptions, illustrations and quotations as presented on the Journey Ecuador web page and in your agreed contractual terms (see section 1).

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Journey Ecuador reserves the right to modify tour information (by email or detailed on the web page) prior to confirming the tour with the client through a contractual written agreement as per section 1. However, once a tour is confirmed and payment received, Journey Ecuador reserves the right to modify the tour only as a result of legitimate and unforeseeable circumstances.

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This circumstances include; modifications or deviations from the travel descriptions during the tour due to road conditions, severe weather and official arbitrariness among others; the travel process indicated in the travel description cannot be guaranteed though under all circumstances Journey Ecuador will only make changes to the tour with consideration to the best interests of the client. The agreed travel descriptions only represent the planned travel process, without guaranteeing the details of the exact operational sequence. Journey Ecuador will not be liable where circumstances occur outside the control of Journey Ecuador or it’s providers.

If clients request special arrangements prior or during the tour, e.g. modification of the tour due to severe weather, once agreed, a written contract must be signed by both parties.     

         

4. Changes in costs.

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4.1 Service and price modification

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In the event of modifications and/or deviations within the itinerary or the program due to force majeure events outside of Journey Ecuador's control, any additional costs incurred will be charged to the client.

 Journey Ecuador cannot be held responsible for any changes in the costs of transportation, airport taxes, park entrance fees or any other variation outside of Journey Ecuador's control. It will be essential to inform passengers of any changes as soon as possible.

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Journey Ecuador reserve the right to increase the price of the tour after the conclusion of the travel contract, due to increased transportation costs, surcharges for certain services, port or airport taxes, or any variations in exchange rates that might affect the final costs. Any such changes can occur up to four (4) months before the agreed departure date, but no later than 21 days before the agreed-upon departure date. No price increases will be made after this time.

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4.2 Extra charges

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All extra expenses that arise due to a modification of the itinerary caused by the client will be charged to the client for immediate payment. These charges include those associated with a late arrival of the client at a port or airport that results in their missing an embarkation or flight, a late arrival for a trekking tour, a premature departure from the country for whatever reason (health, personal, legal, etc.), an illness or accident and associated costs such as helicopter evacuation, hospitalization, a hotel stay for an attendant or a companion, etc.).

If Journey Ecuador needs to advance money to meet an acute emergency then the amount laid advanced must be refunded to Journey Ecuador immediately after the termination of the tour.

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5. Cancellation and resignation by the Journey Ecuador.

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5.1 Resignation before travel start date

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Journey Ecuador may cancel or withdraw the tour offer up to 14 days before the agreed-upon travel start date if the number of participants required for the tour is not met, but only if the travel description for the tour specifies the minimum number of participants.

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The assertion that the minimum number of participants is not achieved and that the journey is therefore cancelled, must reach the customer at the latest 14 days before the travel start date. The customer will receive an immediate refund for any payments previously made, but is not entitled to any compensation or further reclamation.

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5.2 Cancellation of the tour after the start of the trip

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Journey Ecuador can withdraw its services after the travel start date if it is deemed that the client in any way is disrupting the tour or causing distress to other group members, staff or providers. This applies also if the customer fails to meet specific requirements for the tour in question (physical and/or mental health, general capabilities, technical skills where applicable etc).

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If Journey Ecuador cancels the tour, it will not reimburse the costs incurred up until that date (including pre-payments for contracted services for the tour). The client will receive only those refunds deemed justified by Journey Ecuador.

 

6. Cancellation of the tour by the client.

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The customer can withdraw from the contract at any time before beginning the tour however this must be done in writing.

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Refunds can only be made under the following cancellation guidelines as pre-tour costs will be incurred and cannot be recuperated by Journey Ecuador.

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Therefore, the following cancellation fees will be charged for cancelled tours:

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a)For tours in mainland Ecuador:​

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•  30 days or more before the start of the tour: the pre-payment amount

•  29 to 21 days before the start of the tour: 40% of the total price

•  20 to 15 days before the start of the tour: 60% of the total price

•  14 days or less before the start of the tour: 100% of the total price

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b)For trips that include the Galapagos Islands and/or tours in other South America countries (other than Ecuador):

 

•  91 days or more before the start of the tour: the pre-payment amount

•  90-61 days before the start of the tour: 50% of the total price

•  60 days or less before the start of the tour: 100% of the total price

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Note: Please keep in mind that in the cases of chartered cruises in the Galapagos Islands and river cruises in the Amazon, cancellation fees can vary according to the boat chosen and its policies. Journey Ecuador will inform clients of such cancellation fees if such a case arises.

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7. Compensation and cancellation.

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If travel services received are not performed per those agreed upon in the contract, Journey Ecuador will, therefore, comply with Ecuadorian law. The client has the right to request compensation, which Journey Ecuador can refuse if it feels affected. Journey Ecuador will attempt to correct any situation, with the aim of providing the same quality of the tour identified in the contract.

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In the case of reoccurring poor performance, the customer is obliged to immediately complain to the agency or its representative, usually the guide, stating the problems experienced. If the customer does not raise the issue to the agency or its representative, he/she cannot later claim any contractual compensation.

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The cancellation of the travel contract by the customer due to quality issues that substantially impair the tour is only permissible if Journey Ecuador has not carried out reasonable attempts to rectify any shortcomings.

 

8. Client claims

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If the client wishes to file a claim against Journey Ecuador for compensation due to its failure to comply with its contractual obligations, then the client must notify Journey Ecuador of their intentions within one month after the termination of the contracted tour. Service providers, tour guides and local agencies are not authorized to receive claims.

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Claims being made for unlawful actions by Journey Ecuador must be submitted within 3 years of the termination of the tour contract as per international law. The place of jurisdiction for any claim is Quito, Ecuador.

 

9. Limitation of liability.

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The liability of Journey Ecuador for any personal injuries due to negligence is limited to a maximum to the price of the tour.

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Compensation for personal injury or property damage due to the negligence of service providers will be the direct responsibility of those service providers and not of Journey Ecuador.

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Please note that for mountain climbing, trekking and expeditions there is an increased risk of accidents due to the nature of these adventure sports (e.g. avalanches, falling rocks, column fall, water travel, river crossings etc.). These risks are ever present and cannot be reduced or excluded even by the most prudent and precautious care of the assigned guides/tour leaders. Therefore, the participation in adventure activities like mountain climbing, trekking, horseback riding, rafting, mountain bike tours and general expeditions or tours involving even minimal elements of danger, are always at the client’s own risk and responsibility.

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10. Obligations of Journey Ecuador.

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Journey Ecuador will not be liable for any material or immaterial damages suffered by a client as a result of an event of force majeure, nor must it reimburse any value to a client in the following cases: Expenses arising from a possible quarantine, strikes, robberies, theft, failure of any mode of transportation to arrive or depart from its scheduled destination or point of departure, civil disturbances, terrorism, earthquakes, tsunamis, eruptions, epidemics, pandemics, restrictive governmental regulations, or changes in transportation or hotel services over which Journey Ecuador has no control.

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In the case of emergency procedures due to events of force majeure or unforeseeable circumstances, the client is liable for the full extent of the incurred costs (e.g. hospitalization, accommodations, food, transportation, etc.).

Customers may not invoke events of force majeure or unforeseeable circumstances to terminate a contract. If the client decides to terminate the contract, for any reason, he/she must comply with the provisions in Section 6.

Any additional claims are excluded.

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11. Entry and health regulations.

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The traveler is responsible for meeting any entry and health regulations, passport, customs requirements, visas, and currency import regulations on their own and at their own costs. All disadvantages and charges which arise from disregard to these regulations are accountable to the client even if regulation changes have been modified after the reservation was made. If at all possible, Journey Ecuador will inform customers of important modifications to the general regulations as described in the travel descriptions of the tours before the start of the tour.

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12. Travel and health insurance.

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Obtaining travel and health insurance is highly recommended by Journey Ecuador. The client must check to see if their insurance also provides coverage in cases of terrorism and natural disasters. Clients should make sure to carry proof of their insurance with them at all times.

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13. Individual contractual regulations.

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The invalidation of individual stipulations related to this contract does not imply the invalidation of the contract in its entirety.

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14. Agreement.

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The clients and Journey Ecuador accept all the conditions indicated in this instrument per the principle of the autonomy of will, which is established in Article 11 of the Republic of Ecuador’s Civil Code.

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