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Terms and conditions

Please carefully read the following conditions, as these form the basis of your relationship with La Selva Jungle Lodge ('SJL', 'we', 'our' or 'us') as service provider. Except where otherwise stated, these terms and conditions only apply to holiday arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you or, where we act as agent as set out below, arrange for you. All references in these terms and conditions to 'holiday', 'booking', 'contract', 'package', 'tour' or 'arrangements' mean such holiday arrangements unless otherwise stated. In these booking conditions, 'you' and 'your' means all persons named on the booking or any of them as applicable (including anyone who is added or substituted at a later date).

LIABILITY CLAUSE

The tour operator and its agents act only as agents for passengers in all matters pertaining to transportation, accommodations or other services not provided by LA SELVA JUNGLE LODGE as agents, all tickets, exchange orders or vouchers issued by them subject to any and all terms and conditions under which such means of transportation, accommodations or other services are offered or provided. The booking agent, airlines involved and general agent will not be liable for any vehicle furnished by any such other party, firm or corporation in carrying out or falling to carry out arrangements previously agreed upon, not for the negligent misconduct of any such other party, firm or corporation in providing or falling to provide, are not to be held responsible or any act, omission or event during the time passengers are not on board their conveyance. The passenger contract in use by the airlines concerned, when issued, shall constitute the sole contract between booking agent, airline general agent and the purchaser of these and/or passengers.

BOOKING GUIDELINES

LA SELVA JUNGLE LODGE must be advised in writing about all reservation requests, changes in reservation and/or payment. Reservations shall be confirmed when total payment is credited to LA SELVA JUNGLE LODGE's accounts. The client is also responsible to double check vouchers and pro forma invoice quoted by LA SELVA JUNGLE LODGE.

For groups and charters monthly sales reports are required: number of passengers, type of cabins / rooms, sold spaces must be updated in writing. If a group increase is requested, spaces will be confirmed on a first-priority basis. If the sales report is not received during the first 10 days of the month, LA SELVA JUNGLE LODGE reserves the right to reduce the spaces in high occupancy departures.

To issue final confirmation of services and to comply with the Galapagos National Park and Government Council requirements, final rooming list and passengers' data should be submitted, exactly as shown in the passport and travel documents, up to 45 days before the tour date.

Waiver of Liability forms duly signed are required along with passport´s copy in case of:

a) Children under 12 years old. Along with a copy of legal representative´s passport.

b) Passengers with physical disability or health problems. For passengers and suppliers´ safety, LA SELVA JUNGLE LODGE reserves the right to decline the provision of services in case physical condition information has been distorted or omitted.

c) Snorkell and other sports or adventure tours. Trip members are responsible for selecting a trip that is within their abilities and to decide if their participation in the tour is safe as they will have to engage in activities that often involve speed, height, a high level of physical effort, and specialized training.

Diet or allergies requests should be notified to LA SELVA JUNGLE LODGE on the moment of the booking. LA SELVA JUNGLE LODGE shall do its very best to meet reasonable special dietary needs, some, however, cannot be guaranteed keeping in mind Galapagos provisions´ restrictions.

LA SELVA JUNGLE LODGE is not liable of complaints or refunds in case of services that have not been provided if the information detailed above is not sent or does not arrive on time, or due to limitations of the properties involved. LA SELVA JUNGLE LODGE will provide a proforma invoice where dates and services are specified, it is responsibility of the purchaser to review if information is correct and proceed with the payment as per the conditions below. LA SELVA JUNGLE LODGE is not liable of complaints or refunds if there is discrepancy once deposit or full payment has been received. LA SELVA JUNGLE LODGE will provide a digital voucher of services good for travelling, this will be downloaded from LA SELVA JUNGLE LODGE website or sent by e-mail from the travel agent. It is passenger's responsibility to download and check it before the departure. This voucher will be requested to be shown before services starts (no print copy is needed).

DEPOSIT, PAYMENT AND CANCELLATION POLICIES

LA SELVA JUNGLE LODGE shall proceed to book space when deposit / payment conditions are fulfilled. All payments should be made to the accounts of LA SELVA JUNGLE LODGE within the time-limits indicated, otherwise the space that has been booked could automatically be released. Ask for particular conditions. Payments can be made in U.S. dollars or Euros. Major credit cards and Pay Pal payments are accepted with an extra charge that will be according to the credit card or Pay Pal interest. from direct passengers only. Special conditions apply. Any extra expense for transferring funds must be covered by the user and included in the payment.

All changes and cancellations must be notified in writing to be considered and accepted by LA SELVA JUNGLE LODGE, user must request a written confirmation from LA SELVA JUNGLE LODGE's side informing the cancellation notice was received and spaces have been released accordingly. LA SELVA JUNGLE LODGE will inform if penalties will be applied.

The cancellation fees shall be debited automatically from the deposits or payments. If a booking agent guarantees a reservation without payment, the invoice must be honored in case services are cancelled. Remaining balances shall be credited to future bookings by a credit note, or will be used as a part of payment for the spaces that remain held (if any). Last minute requests are subject to availability. Priority is given with full payment on a first paid first served basis.

PAYMENT CONDITIONS:

Individuals or Groups:

  • A down payment is required upon booking. (Please check the amount with your Agent).
  • Final payment must be done 60 days prior to tour departure date
  • Please Note: FIT's are considered 1 to 7 passengers. GROUPS are considered from 8 and more passengers.

CANCELLATION CONDITIONS

  • If a cancellation should occur 91 days (or more) previous to departure date, check penalty with your Agent.
  • If a cancellation should occur between 90 and 61 days before the departure date, the deposit will not be refunded.
  • If a cancellation should occur between 60 and 30 days before the departure date, 50% of the tour will be charged.
  • If a cancellation should occur between 29 and 8 days before the departure date, passengers will have the option of rescheduling their trip up to one year from the previous departure date, plus a cancellation fee of $200.00 USD per person. No refund will be given.
  • If a cancellation should occur between 7-0 days before the departure date, no refund or rescheduling option will be given. Reservation must be paid in full.

PROMOTIONAL DEALS

Immediate non-refundable full payment is mandatory. Special deals apply to new bookings only. Spaces are limited, and promo deals might be modified or withdrawn without previous notice. Different offers cannot be combined.

OPERATION SAFETY

LA SELVA JUNGLE LODGE commercialized certified ships and yachts that comply with international standards and regulations and provide services with third party suppliers that meet all national safety regulations and legal requirements. If a passenger is believed to be a hazard for himself / herself or others, or causes disturbance to other passengers, LA SELVA JUNGLE LODGE representative, the ship's captain or the tour guide may refuse the passenger or terminate any tour or mainland program for that passenger at any time, at the complete risk and expense of the passenger.

For safety reasons, LA SELVA JUNGLE LODGE will not admit on tours or mainland tours any passenger carrying firearms or sharp weapons that could cause any injury to himself / herself or other passengers, crew, flora or fauna. Forbidden articles include guns, knives, compressed gas, corrosive substances, poison, explosives, firearms, ammunition, fireworks and flares, inflammable liquids and solids, radioactive matter and oxidizing materials.

• We reserves the right to refuse, revoke, accept or restrain the further participation of any person whose actions impede trip operation or jeopardize the rights, welfare, enjoyment of the trip of other group members, who might be a hazard to himself and others, harm nature or violate regulations. We also reserves the right to refuse, revoke, accept or restrain the further participation of any person it deems incapable of withstanding the hardships or meeting the requirements of participating in the activities that have been planned or contracted.

• We shall not be required to refund any portion of the rate paid by any passenger who must leave the tour or mainland service prematurely for any of the reasons specified above. Therefore we will not be responsible for accommodations, meals, return transportation or other expenses incurred by the passenger for these reasons.

• We shall not be held liable for the actions or activities of any passenger who consumes, purchases or obtains, by any means, alcoholic beverages or illegal drugs. Illegal drugs are strictly forbidden on board or during LA SELVA JUNGLE LODGE's mainland excursions. Illegal drug possession shall be reported immediately. If detected, the cruise or tour will be terminated immediately and all money paid forfeited.

• Any physical disability or health problem that might require special attention or treatment should be reported in writing to LA SELVA JUNGLE LODGE. In these cases, LA SELVA JUNGLE LODGE reserves the right to decline the provision of services.

• We will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injury, death, etc. caused by any disability, whether it has been reported to LA SELVA JUNGLE LODGE or not.

• No refund will be fort La Selva Jungle Lodge oming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user; this will be considered even if the user decide not to go to any of the visits programmed on his/her itinerary.

• If the user decides not to take the activity as programmed, this will be consider as missed activity and not liability will be held to LA SELVA JUNGLE LODGE in any case even if the user wants to reprogram the activity. LA SELVA JUNGLE LODGE will do its best endeavors to help reprogramming the activity, but this shall not mean any responsibility from LA SELVA JUNGLE LODGE to provide it.

• In case of any flight delay or changes, LA SELVA JUNGLE LODGE will not be held liable for flight connections or any other activities missed due to this situation. LA SELVA JUNGLE LODGE will do its best endeavors to help reprogramming flights or activities, but this shall not mean any responsibility from LA SELVA JUNGLE LODGE to provide it.

• We shall not be held liable for the provision of medical care during the trip. THIRD PARTY SERVICES The conditions for paying hotel services and other third parties may change depending on the individual conditions set forth by the provider. In case of hotels in Ecuador mainland, Galápagos or Peru, non-refundable deposits, stricter payment policies, and higher cancellation costs might apply when dealing with reservations for certain lodges, boutique hotels, groups or series that require space well in advance, special events, accommodations during the high season or holidays, meals, and others. For air tickets issuance, airfare full payment is mandatory. Any changes will be subject to Airlines´ policies. Issued air tickets are non-refundable and non endorsable. Galapagos air tickets are issued 30 days prior to departure.

REFUNDS AND COMPENSATION

As a basic principle, no refund will be made for any unused service such as hotel or tour accommodation, service or transportation. If a refund is obtained this will be made as a credit note for future bookings and in case LA SELVA JUNGLE LODGE decides to give the refund in cash wire transfers or Pay Pal fees will apply, no refund will be reimbursed through any credit card; however LA SELVA JUNGLE LODGE responsibility will not extend beyond this refund, and no payments will be made, or compensation given, in respect to claims for contingent liability or inconvenience experienced by users. No refund can be made on lost, mislaid or destroyed tickets or vouchers or on lost property.

Any complaint the user might have while on holiday must be expressed in writing by the passenger and addressed to LA SELVA JUNGLE LODGE's main office within 30 days of the termination of the tour, in order to duly process it. The complaint should also be exposed on the comment cards provided by LA SELVA JUNGLE LODGE.

LA SELVA JUNGLE LODGE shall not accept responsibility for claims received after this period.

LA SELVA JUNGLE LODGE will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injury, death, etc. caused by any disability, whether it has been reported to LA SELVA JUNGLE LODGE or not. No refund will be fort La Selva Jungle Lodge oming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user.

GUIDES AND GROUP LEADERS

LA SELVA JUNGLE LODGE complies with all national tourism regulations. All guides are highly knowledgeable of all areas that the passengers will be visiting as part of the programmed itineraries. LA SELVA JUNGLE LODGE provides tourists with experienced guides who are fluent in English and Spanish. Any other language must be requested when booking the space and shall be provided only if available. These might incur a charge.

The customer recognizes that any local or foreign group leader who is being provided by the customer shall comply with the local regulation related to this function. Group leaders shall not be able to change the itineraries operated by LA SELVA JUNGLE LODGE without the prior written authorization of LA SELVA JUNGLE LODGE. Group leaders are forbidden to offer alcoholic beverages or any other substances to guides, drivers, crew members, or any other staff member of the tour.

INSURANCE

It is mandatory for all passengers using any LA SELVA JUNGLE LODGE services or third-party services arranged by LA SELVA JUNGLE LODGE to obtain necessary insurance before arriving in Ecuador. Insurance is not included on LA SELVA JUNGLE LODGE tours and tours. We highly recommend coverage for travelers and property, as well as for trip delay, trip cancellation, interruption, baggage, life insurance, medical, accident, sickness, etc. LA SELVA JUNGLE LODGE equipment meets local insurance law requirements for their operation only.

LIABILITY OF LA SELVA JUNGLE LODGE DURING tourS

Passenger acknowledges that there are certain unavoidable risks to Passenger and property associated with expedition travel, including among others, collisions of ships or other vehicles; illnesses caused by consumption of food and beverages; slip and fall due to motion of the sea, civil unrest or terrorism; forces of nature such as weather; breakdown of equipment; and overexertion. Passenger understands and acknowledges that full medical facilities are not available aboard ship or in the Vessel's ports of call, to deal with certain medical injuries that may arise. Passenger understands the pricing of this tour ticket is based upon the assumption of these risk by passenger. Therefore, passenger hereby releases LA SELVA JUNGLE LODGE and the vessel from any liability for personal injuries, illness or death, or loss of or damage to property, occurred during or as a result of the voyage, including onboard ship, on zodiacs, on land, except as a result of the sole negligence or LA SELVA JUNGLE LODGE.

LA SELVA JUNGLE LODGE is not liable for consequential and indirect damages or for damages arising from delays whatsoever caused.

a) Every passenger is subject to the orders and means of security imparted by the captain of the ship or his representative, according to the laws of navigation.

b) Persons that suffer or are suspected of suffering physical or mental illnesses that may endanger health, security or comfort of their persons and other passengers may be forbidden to board ship by decision of the ship's Captain.

c) All minors may be accepted on board at the sole risk and sole responsibility of their custodians/accompanying adult (s) only.

RESPONSIBILITIES AND LIMITATIONS OF LIABILITY

These Terms and Conditions also apply to third parties buying services from agencies, wholesalers, and operators acting as intermediaries, via internet or any other instrument approved by LA SELVA JUNGLE LODGE. The customer accepts the general "Terms and Conditions" published and updated by LA SELVA JUNGLE LODGE at: www.laselvajunglelodge.com and declares that he/she has read, understood, and accepted them in their entirety without entitlement to claims and that he/she is fully responsible for transmitting them to end users so that they will be apprised of them.

LA SELVA JUNGLE LODGE refuses any and every liability from any and all claims that might be filed for loss or damage to baggage or property of the passenger; personal injuries, death; or delay as a result of the acts, omissions or negligence of any independent contractor or supplier, such as, but not confined to: airlines, cruise ships, hotels, restaurants, transportation providers, and other services or facilities.

The passenger is responsible, and pledges to compensate LA SELVA JUNGLE LODGE, for all penalties, fines, losses of money and/or expenses incurred or imposed by virtue of any act, omission or violation of law by the passenger and for any damage to the ship caused by any willful or negligent act or omission on the part of the passenger.

LA SELVA JUNGLE LODGE reserves the right to take photographs, shoot films and comment cards of any trip and its participants, and may use any such material for promotional and/or commercial purposes. The videos or photos that might be used by the passenger for commercial purposes require prior specific authorization from National Park authorities.

In force majeure situations such as: natural disasters, political matters, passengers or crew disses or death, LA SELVA JUNGLE LODGE reserves the right to withdraw a tour either completely or any part of it, to make alterations as deemed necessary, no refund will be given for these modifications and to pass on to tour members any outlays caused by delays or events beyond its control.

JURISDICTION

This present agreement shall be governed by Ecuadorian Law and therefore interpreted within the framework of this law. In the event of a dispute between the parties as a result of the present agreement, if it has not been resolved amicably between the two parties, both LA SELVA JUNGLE LODGE and the customer shall be subject to the jurisdiction of the Arbitration Court of the Chamber of Commerce of Quito (CCQ), pursuant to the regulations of the Ecuadorian Arbitration Law. The rules for the arbitration process shall be as follows: the parties waive ordinary administration of justice and are bound to accept the rulings issued by the Arbitration Court. The Arbitration Court shall be comprised of three (3) members. The arbitration process shall be in Spanish and shall be conducted in the Arbitration Center of the CCQ and shall be confidential. All parties must cover corresponding fees and charges. .

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