Important Travel Notices, Terms and Conditions
The following terms and conditions (hereafter “Terms and Conditions”) apply to all journeys provided by GALAPAGOS SURF DISCOVERY and its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter called “GALAPAGOS SURF DISCOVERY”, “we” or “us” in the rest of this terms and conditions agreement). Read them carefully, and ask questions about any area of concern or uncertainty. GALAPAGOS SURF DISCOVERY recommends that you have your legal representative review this entire agreement prior to booking your trip. Your payment of a deposit is required in order to reserve and travel with GALAPAGOS SURF DISCOVERY, and that payment means that you agree to abide by, and be bound by, all of these terms. The services provided by GALAPAGOS SURF DISCOVERY are not an essential need, and if you do not find these terms and conditions to be acceptable, your recourse is to not travel with GALAPAGOS SURF DISCOVERY.
Health and Fitness
GALAPAGOS SURF DISCOVERY itineraries are physically active and interactive, so you must be in good health to participate. GALAPAGOS SURF DISCOVERY recommends that you discuss this with your physician. GALAPAGOS SURF DISCOVERY reserves the right to decline any trip participant whose condition, in our opinion, may affect the health, safety or enjoyment of the participant, other participants, our staff, or third parties.
YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS OF, ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING THE JOURNEY. No medical personnel travel with, or as part of, GALAPAGOS SURF DISCOVERY staff. The quality of medical personnel and facilities vary from region to region and cannot be controlled by GALAPAGOS SURF DISCOVERY. In some parts of the world, substandard medical care is common and unavoidable. Due to the vast mileage covered in GALAPAGOS SURF DISCOVERY itineraries, it is not possible to prearrange or screen medical providers along the route. GALAPAGOS SURF DISCOVERY is not responsible for the costs of any medical treatment you may require during the trip. Under no circumstances is GALAPAGOS SURF DISCOVERY responsible for the quality of medical care, or lack thereof, you may receive while on the trip.
We strongly recommend that you purchase travel medical insurance for your trip.
Immunizations and Travel Risks
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release GALAPAGOS SURF DISCOVERY from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For information concerning possible dangers at international destinations, contact the Travel Advisory Section provided by the government of your country. In the United States of America, contact the State Department by phone (202) 647-5335 or access online at https://travel.state.gov/content/travel/en/international-travel.html. For medical information, refer to the U.S. Centers for Disease Control (CDC) by phone (404) 332-4559 or access online at www.cdc.gov/travel. You may also wish to consult your family physician.
Assumption of Risk
These are risks naturally inherent in the activities you will be engaging in. GALAPAGOS SURF DISCOVERY has no means of gauging the skills of each member of the tour. Travel to, and within, foreign countries, involves inherent risks which are also potentially dangerous. You expressly assume the risk of property damage, property loss, injury and/or death occurring, without limitation, while boating, diving, snorkeling, kayaking, bicycling, swimming, surfing, dining, flying, rock climbing or even just walking.
Participants will arrange and are responsible for their own travel to and from the point of departure of tour. GALAPAGOS SURF DISCOVERY is not responsible if an airline cancels or delays a flight. If that occurs, you should work with the airline to ensure you arrive at your destination on or ahead of time. GALAPAGOS SURF DISCOVERY will not provide any refund for trips missed, in part or full, due to missed, cancelled or delayed flights or other flight irregularities including without limitation denied boarding, whether or not you are responsible for such denial. GALAPAGOS SURF DISCOVERY is not responsible for a participant’s late arrival. These tours are very time limited and, while GALAPAGOS SURF DISCOVERY will make efforts to accommodate late arrivals, participants are advised that the trip may proceed without them. Participants are advised to plan for this and to be prepared to arrive in time.
Force Majeure (“Acts of God”)
GALAPAGOS SURF DISCOVERY shall have no responsibility or liability and shall not be required to make any refund, partial or full, in the event, without limitation, of any delay, cancellation, overbooking, strike or other labor activity, acts of war, terrorism, disease/pandemics, bad weather, lack of medical care, or other force majeure event or cause beyond GALAPAGOS SURF DISCOVERY’S direct control. Further, GALAPAGOS SURF DISCOVERY shall have no responsibility for any additional, incidental, or consequential expense due, without limitation, to omissions, delays, re-routing, or acts or omissions of any governmental authority. GALAPAGOS SURF DISCOVERY reserves the right to cancel a trip for force majeure or any other circumstances beyond our control as determined in our sole discretion. The Galapagos National Park and other government entities have the right to limit access to visitor sites at any time, thus requiring changes to the itinerary and/or cancellation of certain activities. In which case GALAPAGOS SURF DISCOVERY shall have no responsibility or liability and shall not be required to make any refund.
Sport Equipment Rental
Participants are hereby advised that you and other Participants will be renting sports equipment from a third party. GALAPAGOS SURF DISCOVERY will not be performing safety inspections on this equipment. This is your responsibility expressly and exclusively. GALAPAGOS SURF DISCOVERY is not liable for damages, loss or theft of the sports equipment, or damages or injuries caused thereby, whether by or upon you or third parties.
All tours require a passport valid until at least six (6) months beyond the scheduled end of your itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their trip; GALAPAGOS SURF DISCOVERY is not responsible in any way for your failure to do so.
If you try to enter a country where a visa is required, and you do not have the visa, it is possible that you will be detained until there is an available flight to return you to your point of origin. In some instances, you can receive the same treatment if you attempt to enter a country on a one-way ticket.
Your tour price has been arrived at by customizing your tour to fit your needs and will be delineated in your contract.
Accommodations vary according to traveler’s requests. We attempt to monitor these accommodations as managers and owners frequently change, however we cannot guarantee conditions or staffing competence.
Booking and Cancellation Policies
- Payment is due upon confirmation of the tour date. Initial deposit is one half of the tour cost. Final payment is due no later than 60 days prior to your tour date.
- Please be advised that private tour guides, accommodations, inter-island flights/ferries, boats, and cruises are limited; travelers are encouraged to reserve early. Until your deposit is received, we cannot guarantee availability or hold a space for you.
- Any date changes or itinerary changes can be made up to 60 days prior to your tour date without penalty, assuming availability. You must pay the fare difference, if applicable.
THE ACT OF SENDING A DEPOSIT FOR YOUR TRIP ACKNOWLEDGES THAT YOU HAVE READ AND THOROUGHLY UNDERSTAND AND ACCEPT OUR CANCELLATION POLICY, TERMS AND CONDITIONS.
Cancellations and Credits
If you must cancel your trip, you must do so in writing. We will process your cancellation request within seven business days. We will NOT acknowledge any verbal / over-the-phone request or voice mail. Verbally speaking with our customer service representatives will not guarantee that your cancellation has been processed or acknowledged. Please email us at email@example.com for cancellation requests.
- Cancellation made 91 or more days prior to tour start date: 100% of the deposit will be credited toward a future booking with us
- Cancellation made between 61-90 days prior to tour start date: 50% of the deposit will be credited toward a future booking with us
- Cancellation made within 31-60 days prior to tour start date: 25% of the deposit will be credited towards a future booking with us
- Cancellation 30 days or less prior to tour start date: No credit will be given
Without limitation, GALAPAGOS SURF DISCOVERY shall not be responsible or liable for any acts, errors, omissions, representations, misrepresentations, misfeasance, nonfeasance, warranties, negligence or other conduct of any supplier or independent contractor, nor for any personal injuries, death, property damage or loss, or other damages or expenses resulting there from.
The responsibility of GALAPAGOS SURF DISCOVERY and its affiliated companies is strictly limited. As a tour organizer, GALAPAGOS SURF DISCOVERY organizes, promotes and sells tour programs consisting of island tours that GALAPAGOS SURF DISCOVERY arranges with various suppliers (collectively, ‘Suppliers’). Suppliers providing travel services for GALAPAGOS SURF DISCOVERY tour programs are independent contractors, and are not agents or employees of GALAPAGOS SURF DISCOVERY. As such, GALAPAGOS SURF DISCOVERY is not responsible for any negligent or willful act or failure to act of any supplier or of any third party. By utilizing the equipment of the Suppliers, you agree that you will look to such Suppliers for any accident, injury, property damage, or personal loss to you or to those traveling with you, and that neither GALAPAGOS SURF DISCOVERY nor any representative of GALAPAGOS SURF DISCOVERY shall be liable.
GALAPAGOS SURF DISCOVERY reserves the right to correct promotional or pricing errors at any time, or to adjust the program price in the event of cost increases due to changes in currency fluctuations, rental fee increases, taxes, or fuel surcharges.
In consideration of, and as a part of the payment for, the right to participate in such tours, itineraries, or other activities and as a part of the payment for, the services arranged for me by GALAPAGOS SURF DISCOVERY, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of GALAPAGOS SURF DISCOVERY, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER INDEMNIFY, RELEASE AND HOLD HARMLESS GALAPAGOS SURF DISCOVERY, its agents, employees, officers, directors, associates, affiliated companies, and subcontractors against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I or third parties now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by GALAPAGOS SURF DISCOVERY, its agents, employees, officers, directors, associates, affiliated companies, independent contractors or subcontractors. THE TERMS OF THIS AGREEMENT (TERMS AND CONDITIONS) SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, trustees, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THE RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT GALAPAGOS SURF DISCOVERY HAS RECOMMENDED THAT I HAVE MY LEGAL REPRESENTATIVE REVIEW THIS RELEASE PRIOR TO ACCEPTING THESE TERMS WHICH I UNDERSTAND I WILL DEMONSTRATE MY ACCEPTANCE OF BY MAKING A DEPOSIT ON A TRIP WITH GALAPAGOS SURF DISCOVERY.
Applicable Law and Choice of Forum
These Terms and Conditions shall be governed and construed according to the laws of Ecuador. Any claims against GALAPAGOS SURF DISCOVERY arising out of or relating to these Terms and Conditions must be brought in the courts of Guayaquil, Ecuador, to the exclusion of the Courts of any other country.
By making a deposit on a trip with GALAPAGOS SURF DISCOVERY, I acknowledge that I accept the charges, terms and conditions described in the GALAPAGOS SURF DISCOVERY Itinerary, as well as any additional charges (if such charges arise during travel) and that I have read and thoroughly understand and agreed to the Important Travel Notices and Terms and Conditions shown here above (Mediation and Arbitration shown below).
GALAPAGOS SURF DISCOVERY desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, GALAPAGOS SURF DISCOVERY has established an alternative mediation program in the event of a misunderstanding or dispute between GALAPAGOS SURF DISCOVERY and its clients.
Mediation and Arbitration
If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees.