Ecuador Unlimited Terms and Conditions
Last update: March 28, 2022
Ecuador Unlimited Terms and Conditions:
Please read this entire document before confirming your trip. The terms and conditions contained in this document serve as an agreement between the agency and the consumer. You will find information on cancelation policies, refund policies, waivers of liability, assumptions of risk, travel insurance, and other certain legal obligations. Ecuador Unlimited is the DBA of Austral Expeditions LLC.
The agreement of the terms and conditions is agreed upon by the parties involved in the transaction: party one is the person reserving, booking, purchasing or traveling; and any agents representing their interests (referred to in this document as “Client.” “Customer,” “You.” “Your”); party two is Austral Expeditions LLC –D.B.A. Ecuador Unlimited-, and each of its owners, employees, affiliates, associated travel agencies, subsidiaries, partners, and agents (referred to in this document as “Ecuador Unlimited,”, “We,” “Us,” “Our,” “Agency.”)
Upon confirmation or booking of a Tour (a term defined further in the agreement) you agree to comply with the terms and conditions established in this document between the Client and the Agency. You agree that any violation of this agreement could ultimately result in the cancelation of your Tour, loss of some or all of the money you have paid for a Tour, denial of access to part of or all of the purchased Tour, and Our right to charge you for any incurred costs resulting from your actions.
You represent and warrant that: (1) the information supplied by you, members of your group, or anyone you represent are true and correct. You are responsible for informing anyone involved in the travel arrangements of the terms and conditions of this agreement. You are taking on the full financial responsibility for any tour or service purchased for yourself or on the behalf of others. (2) You are of sufficient age to purchase a tour or service listed on our webpage which will enable a legal agreement between the client and agency and create a binding contract, and you are legally authorized to act on behalf of others that you represent in the acquisition of a tour or service which we provide or sell.
b. Third party Operators
The term “Tour” referenced in this agreement should be understood to represent the services provided by the Agency or by one or more third party suppliers, which includes: any activity, lodging, transportation, meals or any other service purchased by the Client as an inclusion of a Tour. A “Third Party Suppler” will be referenced as such in this agreement and as “Operator,” “Tour Operator,” “Supplier,” or “Provider.”
Third party operators are independent entities, not subject to the control, policies, suggestions, or supervision of the Agency. These operators include but are not limited to tour guides, local guides, transportation services of any mechanism, hotels, hostels, lodges, restaurants. All itineraries, tickets, vouchers, and coupons are issued under the terms and conditions specific to each Supplier. By accepting the tickets, vouchers, or coupons and participating in the Supplier’s tour the Client agrees that the Agency, the Agency’s owners, and the Agency’s representatives cannot be held liable for any injuries, losses, or damages to a client’s belongings or person caused during or in connection with the services provided while on the Tour or in connection with the Tour.
c. Bookings, Reservations, and Payment
Reservation. Upon an agreement being reached on a tour or service between the client and agency, a reservation will be initiated. The agency will provide a “Traveler Information” form to the client, requesting information on each person involved in the travel plans. The Agency will review the payment policy and schedule of the agreed upon tour or service with the Client, if this policy deviates from the Agency’s standard policy as defined in this agreement, the agency will inform the client of the policy before the tour or service is confirmed. An initial payment deposit will be requested by the Agency and be paid by the Client in order to process the reservation.
Confirmation. The Client will need to return the “Traveler Information” form requested by the Agency within seven calendar days of making the reservation deposit. Once the Agency has received the full and complete requested “traveler information” from the client, the tour can be confirmed. To make the confirmation, a second deposit will be collected from the Client by the Agency within seven calendar days from the time of the initial reservation.
Payment. The general payment schematic. is: 40% due within 7 days of reservation and 60% due 90 days prior to start of purchased Tour or services begin. If the reservation is made within 90 days of perspective travel a single full payment of 100% of the Tour price will be necessary to confirm the tour. This payment schedule applies to the majority of our tours and will apply to all purchased Tours by the Client from the Agency unless otherwise stated.
Taylor-made, FIT, Bespoke, Custom itineraries: Due to the complexity, time, and multiple operators involved, we require a 50% initial payment and the remaining 50% 90 days prior to tour begin date.
Forms of payment. The Agency accepts personal checks from United States financial institutions, E-Check, ACH, wire transfer, Paypal, Visa, Mastercard, AMEX, Discover. On occasion, a Third Party Supplier may require a direct payment and offer fewer payment methods. For credit card & Paypal transactions paid directly to the agency, a surcharge of 3.5% will apply.
Late payments. Any late payments may result in the forfeiture of or cancelation of all or part of the Tour purchased by the Client from the Agency. Forfeitures and cancelations are processed at the sole discretion of the Operator if and when the terms and conditions of this agreement have been breached by the Client. The Agency advises the Client to inform the Agency of any potential delays in scheduled payments ahead of scheduled due dates in order to give the Agency time to advise and work with the Operator on a solution.
d. Price Match Guarantee
In the event a Client finds a lower price on a Galapagos Cruise, Amazon Lodge or Amazon Cruise, Ecuador Unlimited will match the price of the Tour when the following conditions are met:
(i) The Tour is identical in inclusions, which includes but is not limited to, identical methods of transportation, cabin class, schedule, meals provided, length of Tour.
(ii) The price match request must be made within 48 hours of the initial reservation and the Tour start date is more than 120 days away. If these conditions are not met, or in the event the Tour is operated by a Third Party Supplier, and the Operator launched a new promotion after the time of reservation, there is no guarantee by the Agency that a price match will be possible but the Agency will work in good faith to complete the request.
(iii) Ecuador Unlimited will consider the total cost of a Tour when fulfilling a price match request. This includes but is not limited to booking fees, planning fees, credit card fees, transfer fees, exchange rates or any other cost you would incur by booking the Tour at the requested price match rate. The referenced price must be advertised, easily found, and a direct link or reference must be provided by the Client to the Agency.
e. Changes to Tours
Changes to Itinerary. It is the intent of the Agency and Operators to deliver the tour in its entirety, original structure, and original schedule. The nature of foreign travel, expedition travel, and travel in general can be unpredictable at times. It is uncommon, but can occur, that a tour itinerary may need to be altered prior to departure or during operation. These changes are due to events relating to, but not limited to, safety concerns, inclement weather, wildlife behavior, political climate, and public health. Itineraries themselves are not intended to be a contract or a legally binding document. You acknowledge that modifications to Tours and itineraries may occur ahead of time or during the Tour without prior notification at the discretion of either the Agency or the Operator. These modifications may include, but are not limited to, scheduled excursions, activities, accommodations, services, meals. The Client’s best interest will always be taken into consideration. When a Tour, lodging, transportation vessel, or activity needs to be substituted or modified, the Agency and the Operator reserve the right to take this action without prior notice to the Client, as long as the replacement service is of similar or greater quality.
Surcharges. While it is uncommon, Tour Operators occasionally incur unforeseen operational expenses for specific Tour dates and itineraries that require the Operator to adjust the price of the Tour. The most common occurrence is when there is a sharp increase in fuel prices causing a cruise operator a significant increase in operational expenses. When this happens the Tour Operator will pass on a fuel surcharge to the Client, the value correlates with the distance traveled per the itinerary and how many Clients are aboard the vessel. The Client agrees to pay any and all necessary surcharges imposed by the Tour Operator, up to 25% of the total value of the tour being provided by the Operator. The Agency will intervene and advocate on behalf of the Client if and when a surcharge seems to be excessive or unnecessary.
Changes by the Client. A Client may request changes or transfer to a tour if the start date of the tour is more that 120 days away. Changes are not guaranteed without penalty, unless they fall outside of the penalty window within the Tour Operator’s own terms and conditions. If a change request is made on the same tour, such as a different cabin/accommodation or a date change, the Agency will work with the Tour Provider in the best interest of the Client to try and fulfill made request. All change requests by the client must me written and emailed to the Agency.
1. Client Cancelations
Ecuador Unlimited is required to pay all Tour Operators well in advance of our Clients’ travel dates. All Operators have their own unique terms, conditions, and cancelation policies. Ecuador Unlimited’s own cancelation policy is designed to encompass as many of the Operator’s cancelation policies as possible without being overly strict. Any cancelation request must be made in writing and emailed to the Agency. Any correspondence received on weekends, holidays, or weekdays after business hours will be considered to have been received the next business day.
Ecuador Unlimited follows industry best practices for any applicable refunds, considering the best interest of the Client and complying with the terms and conditions as outlined by the Operator. If the Client is entitled to a refund, it is the responsibility of the Tour Operator to authorize and provide the refund. Airline tickets, hotel accommodations, guided tours, and cruises are generally not refundable once the Tour has begun or if they are partially used. The Agency is not responsible for the Tour Operator’s failure to pay the refund or for delays in the refund payment.
The following cancelation terms will apply to all confirmed bookings for all tours unless otherwise specified at the time of booking:
(i) If the cancelation request is made 121 calendar days or more prior to the start of the Tour: A cancelation penalty of 20% of total tour cost will apply.
(ii) If the cancelation request is made 91-120 calendar days prior to the start of the Tour: A cancelation penalty of 50% of total tour cost will apply.
(iii) If the cancelation request is less than 90 calendar days prior to the start of the Tour: A cancelation penalty of 100% of total tour cost will apply.
Ecuador Unlimited does receive a small portion of these imposed penalties in order to cover financial transactions and labor expenses. If the Client intends to rebook a similar Tour with Ecuador Unlimited the Agency will work in good faith to apply all or a portion of any funds received by the Agency towards the new Tour and reserves sole discretion to do so.
2. Force Majeure
Ecuador Unlimited will not make refunds for, or be held responsible for, events beyond its control, including but not limited to natural disasters, pandemics, epidemics, quarantine, illness, physical injury, medica regulations, customs regulations, immigration regulations, delays in transportation, acts of war, terrorist activity, schedule changes or operational interruptions by an airline, nuclear accidents, government restrictions, strikes, civil disturbance, adverse weather, fires, floods, industrial accidents, acts of omission by Third Party Suppliers or any other party not directly controlled by Ecuador Unlimited, and any other similar event beyond our control.
3. Partial or Unused Portions of Services and Tours
No refunds will be provided for any unused portions of a Tour or Service, including the entire Tour or Service if You fail to join the tour by Your own decision or by forces beyond Your control. Partial refunds are not available for any Tour or Service if You decide to abandon early or arrive late to the Tour or Service. Any alternative transportation costs incurred for arriving late or departing a Tour early is the sole responsibility of the Client. In the event a disruption in the Tour or Service is caused or imposed by the Agency or the Tour Operator, the Agency and or the Operator will endeavor to offer a replacement or alternative Tour or Service of similar qualities, if a suitable alternative is not available You will be offered a refund by either the Operator or the Agency for that portion of the Tour.
g. Travel Insurance
g. Medical Insurance
Many of Our destinations and Tours require their visitors to have active travel medical insurance. It is therefore the strong recommendation of Ecuador Unlimited that all of Our Clients purchase travel medical insurance and will be a requirement in many instances. The policy needs to include coverage for personal accident, medical expenses, air ambulance, loss of effects, repatriation, death, and any losses or expenses incurred as a result of a medical incident or emergency.
Trip Interruption and trip cancelation Insurance.
Trip Cancelation insurance refers to events that cause an interruption in travel plans before you leave home. Trip Interruption insurance refers to events that cause an interruption in travel plans after your travel has begun and are non-medical in nature. Different types of plans are available that cover both or one timeline, provide reimbursement for purchased expenses only, extra incurred expenses, and work-related expenses.
It is the sole responsibility of the Client to research and acquire insurance coverage. The Agency will advise the Client of the minimum required insurance, if any, the Client is required to obtain prior to travel or joining a purchased Tour. The Agency will not accept responsibility for the Client’s failure to acquire required insurance coverage and will not provide any refunds for disruptions in travel plans, Tours or Services purchased from the Agency or any third party which resulted in the Client’s lack of adequate insurance coverage.
h. Tour Authority
Tours are led either by a guide, trip leader, a captain or similar authority, this person will be referred to as “Trip Leader” in this agreement. The Trip Leader holds the ultimate authority on all decisions that affect the health, safety, and well-being of all tour participants and staff. Any policies or decisions made by the Trip Leader, Agency, or Operator regarding health, safety, and well-being of other tour participants must be met with full compliance by Clients of Ecuador Unlimited. If a client fails to comply with or interferes with these decisions or policies, the Tour Leader holds the authority to remove the Client from the Tour without rights to any refunds or exchanges. Client agrees to comply with local laws, park regulations, and customs while participating in a Tour and whilst visiting a foreign country.
i. Travel Documents and
Ecuador Unlimited does not warrant or represent that travel to the destinations it offers is without risk. It is the responsibility of the Client to be aware of the risks of international travel and of any travel warnings or advisories issued by their home country regarding the destination of travel offered by the Agency.
It is the responsibility of the client to maintain a valid passport with an expiration date at least 6 months after the planned return date to home country. It is the Client’s responsibility to be aware of, and obtain, any visas, permits, certificates, vaccinations or any other required documents necessary for travel to the destination of the Tour offered by Ecuador Unlimited.
j. Waiver of Liability and Express Assumption of Risk
The Client understands that Ecuador Unlimited and each of its owners, employees, affiliates, associated travel agencies, subsidiaries, partners, and agents do not own or operate any of the entities that provide goods and services during the tour including but not limited to lodging facilities, planes, boats, buses, automobiles, restaurants, taxi service, kayaks, paddleboards and any other equipment used during the Tour.
The client understands the risk of international travel and exotic destinations and accepts that such risks often times are inherent to the destinations and can be the attraction, destination, or activity themselves. Some of these risks may include but are not limited to negligence by the Agency or Tour Operator, psychological or emotional trauma, physical injury, pain, suffering, illness, economic loss, death, acts of God, acts of war or terrorism, forces of nature, transportation failures, political or social instability, visiting locations without immediate access to medical facilities, diseases, unfamiliar local laws, abnormal conditions, extreme weather, general errors and omissions, and other conditions outside of Ecuador Unlimited’s control. You agree to accept responsibility for your own well-being and negligence. You accept freely and voluntarily personal responsibility for the mentioned and unmentioned risks, any injuries, traumas, the rare occurrence of death, and any other unforeseeable risks and repercussions that may occur during your travel at the time this agreement comes into effect by booking with Us.
In the event that you need medical treatment, You agree to be responsible for any financial costs incurred as a result of needed treatment. If any third party or the Agency incurs any such expenses on your behalf, You agree to reimburse such expenses in their entirety. The acquisition of travel health insurance is the sole responsibility of the Client and the Client recognizes Ecuador Unlimited’s strong recommendation and often obligation to obtaining travel insurance.
k. Digital Property Rights
You authorize Ecuador Unlimited the right to use, re-use, and reproduce and images or videos that you send to the Agency, or that are taken by the operator or Agency, or other Tour participants, in any medium including but not limited to print or electronic media. This authorization is done so royalty free, irrevocable, and the Agency retains sole discretion as to when and how to use said images and videos including but not limited to publicity purposes.
l. Updates to Terms and Conditions
Ecuador unlimited reserves the right to alter or update the terms of conditions of this Agreement at any time. It is the responsibility of the client to be familiar with these terms and conditions and any changes made prior to the start of purchased Tours or Services. Any new version of the Terms and Conditions will supersede and previous versions.
Ecuador Unlimited is the only dedicated Galapagos Islands travel agency Accredited with the Better Business Bureau. In doing so we are dedicated to the 8 Guiding Principles of a BBB Accredited Business.
Another unique feature of our agency is that we carry Travel Agent specific Liability Insurance through Berkshire Hathaway. This protects both our clients and ourselves in the event any errors are made by the agency.
Respect for the natural environment
Promotion of Education & Cultural Respect
Sustainability & Local Support
Avoidance of Over-Visited Locations
We do our part to avoid areas that are over-visited and under-managed on our trips. This contributes to a more sustainable service that benefits the environment and our clients.
Support for Ecosystems
Our staff builds awareness and appreciation for the preservation of the ecosystems we visit. Each trip is designed in a way that is both enjoyable but also brings awareness to our impact on the environment.
We are only as good as our cumulative team strength, which is why we all participate in continual training and have access to information about the health of the environment and local eco-projects.
Through donations, sponsorships, and awareness programs, we support the conservation of our tour visit areas. Each client indirectly supports our contributions when they book a tour or trip with us. A percentage of all revenue goes to support these larger efforts and programs.
We work with individuals, organizations, and local communities to ensure we develop sustainable tourism projects that support local economies. Our mission is to do this to reduce our environmental and cultural impact on local regions.
The reason for you