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Surtrek’s General and Particular Conditions for Travelers

For Trips by Individual Travelers to the Ecuadorian Mainland, the Galapagos Islands and/or Other Destination in South America

 

1. Travel contract execution

As stated in the agreement regarding the tour itinerary and costs, the client will be asked for a prepayment for the tour. Upon receipt of this payment, Surtrek will send confirmation that must be accepted by the client by an email response. This confirmation and its respective acceptance will serve as a legally binding contract for the required services and as the client’s approval of the tour itinerary and the tour details.

If the client contracts the services on behalf of various persons, he/she is responsible for all of the contractual obligations of the group.

With the signing of the contract, the client authorizes Surtrek to store their personal information, uniquely for use by Surtrek in facilitating the tour and the respective itinerary. The client’s information will not be used for any commercial purposes.

 

2. Payment

To confirm and reserve a tour, a pre-payment 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 on the Ecuadorian mainland, or 90 days before a tour departure to the Galapagos Islands or before a tour departure to other countries on the South American continent (other than mainland Ecuador).

If the client decides to enter into contract with Surtrek less than 30 days before the departure date of travel on the Ecuadorian mainland, or less than 90 days before the departure date for their travel in the Galapagos Islands or to another country in South America (other than Ecuador), the total price of the tour must be immediately paid.

If a client does not pay in full for their tour before the final payment due dates (30 days before tour departure in mainland Ecuador, or 90 days before tour departure to the Galapagos Islands or another country in South America other than Ecuador), the client risks losing their tour. Likewise, if full payment is not made before the payment due date for all contracted tours for the group for which the client is responsible, the client will forfeit all payments made to reserve those tours.

If the price of the tour has not been paid in full before the travel start date, Surtrek will be released from its service obligations and will require the client to pay any cost resulting from the cancellation.

 

Surtrek Payment Options:

1)   Bank Transfers

Bank’s name: PACIFIC NATIONAL BANK

U.S. Street Address: 1390 Brickell Ave. || Miami Florida, 33131

SWIFT: PACIUS3X

ABA: 066011350

Account Name: AGENCIA DE VIAJES OPERADORA SURTREK CIA. LTDA.

Beneficiary’s Street Address: San Ignacio E10-114 y Plácido Caamaño || Quito, Ecuador

Account No.: 139284406

 

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.

 

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. Surtrek’s Scope of Services

Surtrek's scope of services is detailed through travel descriptions, illustrations and price quotations presented on the Surtrek webpage and in the contractual terms agreed upon with the client (see section 1).

Pursuant to Section 1, Surtrek reserves the right to modify tour information (which can be communicated by email or detailed on the Surtrek webpage) before signing the contractual agreement with the client. In any case, once a tour is confirmed and payment received, Surtrek reserves the right to modify the tour only in cases of legitimate circumstances and force majeure events.

Such circumstances include modifications or deviations from described travel routes due to road conditions, weather conditions and official regulatory changes (among other circumstances). Although the tour is described in the travel itinerary, due to circumstances of force majeure events, Surtrek may make changes to the tour upon considering the security and comfort of the clients. The terms presented in the description of the travel itinerary represent only the planned tour and do not guarantee the details of the exact operational sequences. Surtrek will not be liable for circumstances that occur outside of its control or the control of its service providers.

If clients require changes to the itinerary before or during the tour, (e.g. modification of the tour due to severe weather conditions), once these are agreed upon, a written contract will be signed by both parties.

 

4. Cost modifications

4.1 Service and price adjustments

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

Surtrek cannot be held responsible for any changes in the costs of transportation, airport taxes, park entrance fees or any other variation outside of Surtrek's control. We commit to informing passengers of any such changes as soon as possible.

Surtrek 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.

 

4.2 Extra charges

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 Surtrek is required to advance funds to cover the costs of an emergency, the amount advanced must be refunded to Surtrek immediately, before the end of that day.

 

5. Cancellation and notice by the tour operator

5.1 Cancellation of a tour before the start of travel

Surtrek 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.

In such a case where a tour is canceled for not enlisting the minimum number of participants, the clients will be notified at least 14 days before the tour’s start date, and the clients will immediately receive refunds for any payments previously made. However, the clients will not be entitled to any extra compensation or make further claims.

 

5.2 Cancellation of the tour after the start of travel

Surtrek may cancel its services after the start of a tour if it is deemed that the client is in any way is disrupting the tour or causing distress to other members of the group, the staff or service providers. This also applies if the client has not previously notified Surtrek, before the start of the tour, that they have special needs (due to physical and/or mental health challenges, mobility challenges, etc.).

If Surtrek 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 Surtrek.

 

6. Cancellation of the contract by the client

The client may cancel and withdraw from the contract at any time before the start of the tour; however, this must be done in writing.

Refunds can only be made under the following conditions, taking into account that the costs incurred by Surtrek before the start of the tour cannot and those that cannot be recovered.

Therefore, the following cancellation fees will be charged to the client:

a) For tours in mainland Ecuador:

  • 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

 

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

 

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. Surtrek will inform clients of such cancelation fees if such a case arises.

 

7. Compensation and cancellation

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

In a case of continuing service deficiencies, the client must immediately report these to Surtrek or its representative, typically the tour guide. If the client does not immediately report the problem to Surtrek or its representative, he/she cannot later demand any contractual compensation.

The cancellation of the tour by the client due to service deficiencies is only permissible if Surtrek has made reasonable attempts to correct the problem(s).

 

8.  Client claims

If the client wishes to file a claim against Surtrek for compensation due to its failure to comply with its contractual obligations, then the client must notify Surtrek 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.

Claims made for unlawful actions committed by Surtrek must be submitted within three (3) years of the termination of the tour contract, as per international law. The place of jurisdiction for any such claim shall be Quito, Ecuador.

 

9. Limitation of liability

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

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 Surtrek.

Please keep in mind that in the cases of mountain climbing, trekking and expeditions, there are increased risks of accidents due to the nature of these adventure sports (e.g. avalanches, falling rocks, water travel, river crossings, etc.). These risks are ever-present and cannot be reduced or eliminated, even when travelers are accompanied by the most prudent and cautious tour guides. Therefore, the participation in adventure activities like mountain climbing, trekking, horseback riding, rafting, mountain biking, and other expeditions involve certain levels of risk that must be assumed under the responsibility of the client.

 

10. Responsibility of Surtrek

Surtrek 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 Surtrek has no control.

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.

 

11. Travel and health insurance

Obtaining travel and health insurance is highly recommended by Surtrek. 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.

 

12. Travel and health regulations

The client is individually responsible for understanding any regulations related to travel and health (for example: passports, visas, vaccinations, currency exchange). All inconveniences and charges arising from unawareness of these regulations by the client will be assumed by the client, even if the regulations change after booking their tour. If possible, Surtrek will notify customers of any general changes to the itinerary, indicating this in the itinerary description.

 

13. Individual contractual regulations

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

 

14. Acceptance

The clients and Surtrek 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.

 

15. Tour operator

Agencia de Viajes Operadora Surtrek Cia. Ltda.

Street Address: San Ignacio E10-114 y Placido Caamaño || Quito – Ecuador

 

Toll-free number:

US/Canada: 00-1-866-978-7398

UK: 080-8189-0438

 

Telephone: (593) -2- 250-0660

Email: info@surtrek.com

Website: https://www.surtrek.com

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