Terms and Conditions

Basics of the business relationship between the customer and the tour operator:

 

1- Subject of regulation

A tour operator is the party that combines its own and third party tourist services into a new, independent product and offers them in its own name, at its own risk and for its own account. In the following, the tour operator will be referred to as “Latventure Incoming” and the parties purchasing services from Latventure Incoming will be referred to as “clients”. Deviating general terms and conditions of the client do not apply.

 

2- Booking, conclusion of contract and confirmation

2.1- With the booking (travel registration) the conclusion of a travel contract is offered bindingly. The booking for a trip can be made orally, by e-mail, fax or in writing. Special requests, bookings under a condition and verbal side agreements are only valid if they are confirmed in writing by Latventure Incoming.

2.2- Latventure Incoming informs the client about the legally binding conclusion of the contract with the written travel confirmation. The travel contract is concluded with the acceptance of the booking by Latventure Incoming. From this moment on, the rights and obligations of the contract (including these general contract and travel conditions) become effective.

2.3- If the content of the travel confirmation differs from the content of the booking, there is a new offer. Latventure Incoming is bound to the new offer for 10 days. The contract is concluded on the basis of this new offer, if the customer declares acceptance within this period in writing, verbally or by making the deposit or final payment.

2.4- The booking is made by the customer also for all participants listed in the booking, for whose contractual obligation he is responsible as for his own, provided that he has assumed this obligation by explicit and separate declaration.

 

3- Payment

3.1- The price of the tour to be paid is determined by the valid tour description or the individually prepared offer. The prices are in USD. Prices published in other currencies are payable in USD at the note conversion rate of the invoice date.

3.2- Payment shall be made by bank transfer to our bank account. The bank details can be found on the invoice. A copy of the bank transfer order must be sent to Latventure Incoming by fax or e-mail. The bank transfer costs will be charged to the client.

3.3- With the conclusion of the contract a deposit is to be paid, which will be credited to the tour price. Unless otherwise agreed in individual cases, the deposit amounts to 0% of the tour price for roundtrips, travel packages, car rental trips and 30% of the tour price for Galapagos Island Hopping. If the travel amount is less than 500 USD, payment must be made in full. The deposit is due 2 weeks after receipt of the invoice. The date of receipt of payment by the bank counts. For Galapagos cruises and rainforest lodges special payment conditions apply.

3.4- The final payment has to be made by the customer at least 30 days before departure. The date of deposit at the bank is also considered the cut-off date. Unless otherwise agreed, the documents will be issued or delivered only after receipt of payment for the full invoice amount.

3.5- For short-term bookings within 30 days before the start of the trip, the entire travel price is due immediately.

3.6- Cancellation fees, processing and rebooking fees are due immediately.

3.7- If the due travel price is not paid despite a reminder and a reasonable deadline for payment, Latventure Incoming can withdraw from the travel contract and charge the customer with cancellation fees.

 

4- Services

4.1- Which services are contractually agreed upon, results from the service descriptions of the respective offer and from the information referring to this in the travel confirmation. We reserve the right to correct obvious errors (e.g., printing or calculation errors).

4.2- All information contained in the tour description is binding for Latventure Incoming. However, Latventure Incoming expressly reserves the right, for factually justified, substantial and unforeseeable reasons, to declare a change in the description of services before the conclusion of the contract, about which the client will of course be informed before booking.

4.3- Special requests on the part of the client are only part of the contract if they have been confirmed in writing and without reservation by Latventure Incoming.

4.4- The details in the destination information sent with the travel confirmation for the respective trip, are prepared to the best of our knowledge and belief. However, since individual provisions or partial aspects of the trip may change, no guarantee can be given for the year-round validity of this information.

4.5- Third-party services (e.g., excursions, horseback riding tours, etc.), which are described as “possibility” in the detailed itineraries, are not part of the contractually owed services, and any costs associated with them are not included in the tour price.

 

5- Not used services

5.1- If the customer does not make use of individual travel services due to early return or for other compelling reasons, Latventure Incoming will endeavor to reimburse the service providers for the expenses saved. This obligation does not apply if the services are completely insignificant or if a refund is contrary to legal or official regulations.

5.2- If customers choose a different accommodation, catering or mode of transport than booked or renounce the arranged services in whole or in part, no refund will be made.

 

6- Adjustment of services and prices

6.1- Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by Latventure Incoming against good faith, are only permitted insofar as the changes and deviations are not significant and do not affect the overall nature of the booked trip.

6.2- Possible warranty claims remain unaffected as far as the changed services are defective. Latventure Incoming is obliged to inform the customer immediately about changes or deviations in services. If necessary, it will offer the customer a free rebooking or a free withdrawal.

6.3- Latventure Incoming can demand price increases of up to 5% of the total tour price if there are at least 4 months between the conclusion of the contract and the start of the tour and if it can be proven that increases in transport costs, charges for certain services, such as port or airport taxes, or a change in the exchange rates applicable to the tour in question have occurred after the conclusion of the contract. Price increases based on the aforementioned circumstances are only permissible to the extent that the increase has a concrete effect on the tour price calculated on the basis of the transport, tax and exchange rate portion.

6.4- In case of a subsequent change of the tour price or a change of an essential tour service Latventure Incoming has to inform the customer immediately. Price increases from the 20th day before departure are not allowed. In case of price increases of more than 5% or in case of a significant change of an essential travel service, the customer is entitled to withdraw from the travel contract without any fees or to demand the participation in a trip of at least equal value, if Latventure Incoming is able to offer such a trip from its offer without any additional costs for the customer.

6.5- The customer has to assert these rights immediately after the declaration of Latventure Incoming about the price increase or change of the travel service.

 

7- Withdrawal by the customer, rebooking, substitute persons

7.1- The customer can withdraw from the travel contract at any time before the start of the trip. The date of receipt of the cancellation by Latventure Incoming is decisive. The withdrawal must be declared in writing to Latventure Incoming. All travel documents must be enclosed with the cancellation notice. Information on booking vouchers in this regard (payment card stub, bank transfer, etc.) will not be accepted.

7.2- Latventure Incoming will charge an additional processing fee for trip cancellations, changes and rebookings plus any applicable cancellation fees (see section 7.3.). The following policies apply:

Up to 2,500 US$ trip value: 100 US$ per booking
Up to 5,000 US$ trip value: 200 US$ per booking
Up to 10,000 US$ trip value: 300 US$ per booking
From 10,000 US$ trip value: 400 US$ per booking

7.3- If the client cancels the travel contract or does not start the trip, Latventure Incoming can demand compensation for the travel arrangements made and for its expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the travel service are to be taken into account. Latventure Incoming can calculate this compensation claim in consideration of the following breakdown according to the proximity of the time of cancellation to the contractually agreed start of the trip in a percentage ratio to the price of the trip. The following cancellation amounts per person will be calculated from the respective total travel price.

7.3.1- Roundtrips, travel packages and car rental trips

>= 31 days prior to departure: 0 %
30-15 days prior to departure: 30 %
14-07 days prior to departure: 60 %
06-00 days prior to departure: 80 %

7.3.2- Galapagos Island Hopping

>= 46 days prior to departure: 0 %
45-31 days prior to departure: 50 %
30-15 days prior to departure: 70 %
14-00 days prior to departure: 90 %

7.3.3- Galapagos cruises and rainforest lodges

For Galapagos cruises and rainforest lodges, special cancellation conditions apply, which are listed in the respective tour descriptions, usually directly with the product or about which the customer is informed before booking.

7.3.4- Scheduled and charter flights (flight-only bookings)

If effectively agreed, the conditions of the airline applicable on the basis of the selected fare shall apply.

If several services with individual prices have been combined (e.g., round trip, flights, cruise, etc.), the cancellation amounts for these are to be determined individually and then added together.

7.4- In addition, Latventure Incoming can demand the actual additional costs incurred from the customer in the event of cancellation (applies to all trips). It is up to the client to prove to Latventure Incoming that no or less damage has been incurred than the flat rate demanded by Latventure Incoming.

7.5- It is pointed out that the non-commencement of a trip without an express declaration of withdrawal is not considered a withdrawal from the travel contract, but in this case the customer remains obligated to pay the full price of the trip.

7.6- Until the start of the trip, the customer may request that a third party enters into the rights and obligations under the travel contract and participates in the trip. The substitute person entering the contract and the original customer are liable to Latventure Incoming as joint debtors for the tour price and the additional costs incurred by the entry of the third party. Latventure Incoming can object to the participation of the third party if he does not meet the special travel requirements or his participation is contrary to legal regulations or official orders.

 

8- Cancellation and termination by the tour operator

Latventure Incoming can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:

8.1- If Latventure Incoming receives knowledge before the start of the trip of important reasons lying in the person of the client, which give reason to fear a lasting disruption of the trip. In this respect, the agreements “withdrawal by the customer, rebooking, substitute persons” apply.

8.2- Without notice:

If the customer disturbs despite an appropriate warning by Latventure Incoming persistently or behaves contrary to the contract to such an extent that a continuation of the contractual relationship until the agreed termination or the expiry of a notice period with him is unreasonable or otherwise strongly contrary to the contract, Latventure Incoming may terminate the travel contract without notice. In this case, Latventure Incoming retains the right to the tour price minus the value of saved expenses and, if applicable, reimbursements by service providers or similar benefits that it obtains from the alternative use of the unused service. Any additional costs for return transportation shall be borne by the disruptive party itself.

8.3- Up to 3 weeks before departure:

In case of non-achievement of an advertised or officially determined minimum number of participants, if a minimum number of participants is mentioned in the tour description for the respective tour. In any case, Latventure Incoming is obliged to inform the customer immediately after the occurrence of the condition for the non-implementation of the trip and to send him the cancellation notice without delay. The customer will receive the paid travel price back immediately. Further claims on the part of the customer are excluded. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, Latventure Incoming has to inform the customer.

8.4- Up to 4 weeks before the start of the trip:

If the realization of the trip after exhausting all possibilities is not reasonable for Latventure Incoming because the booking volume for this trip is so low that in case of the realization of the trip resulting costs would mean exceeding the economic sacrifice limit, related to this trip. However, Latventure Incoming only has the right to cancel the trip if he is not responsible for the circumstances leading to this. If the trip is cancelled for this reason, the customer will be refunded the paid trip price immediately.

8.5- In case of a cancellation, the customer can demand the participation in another trip of at least the same value, if Latventure Incoming is able to offer such a trip from its offer without additional costs. The customer has to assert this right immediately after the declaration about the cancellation of the trip towards Latventure Incoming.

 

9- Cancellation of the contract due to extraordinary circumstances

9.1- If the trip is significantly impeded, endangered or impaired by force majeure (e.g., natural disasters, epidemics, riots), which was not foreseeable at the time of the conclusion of the contract, both the customer and Latventure Incoming can cancel the travel contract. The client must send his notice of termination to Latventure Incoming. Latventure Incoming can also have its tour guides declare the termination to the client; they are authorized to declare the termination. Latventure Incoming has to declare the termination immediately after becoming aware of the reasons justifying the termination due to force majeure.

9.2- If the contract is terminated, Latventure Incoming can demand a reasonable compensation for the travel services already provided or still to be provided for the termination of the trip. Furthermore, Latventure Incoming is obliged to take the necessary measures, especially, if the contract includes return transportation, to transport the client back. The additional costs for the return transport are to be borne by the client and Latventure Incoming in equal parts. Otherwise, the additional costs will be borne by the client.

 

10- Obligations and termination of the customer, warranty, exclusion of claims, statute of limitations

10.1- Remedy

The customer has to inform the local tour guide or Latventure Incoming immediately about occurring deficiencies and to ask for remedy. If the customer culpably fails to report a defect, a reduction will not occur. If the tour is not provided according to the contract, the customer can demand remedy. Latventure Incoming can refuse the remedy if it requires a disproportionate effort. Latventure Incoming can also remedy the situation by providing a substitute service of equal or higher value that is reasonable for the customer.

10.2- Reduction of the tour price

For the duration of a non-contractual provision of the tour, the customer can demand an appropriate reduction of the tour price (reduction). The tour price is to be reduced in the ratio in which the value of the tour in a defect-free condition would have been at the time of sale to the actual value. The reduction does not apply if the customer culpably fails to report the defect.

10.3- Termination of the contract

If a trip is significantly impaired due to a defect and Latventure Incoming does not remedy the situation within a reasonable period of time, the customer can terminate the travel contract within the framework of the legal provisions – in his own interest and for reasons of preservation of evidence expediently by written declaration. The same applies if the customer cannot be expected to travel due to a defect for an important recognizable reason. It is only not necessary to set a deadline for the remedy if the remedy is impossible or refused by Latventure Incoming or if the immediate termination of the contract is justified by a special interest of the customer. He owes Latventure Incoming the part of the tour price that is due to the services used, as far as these services were of interest for him.

10.4- Compensation

Without prejudice to reduction or termination, the client can claim damages for non-performance, unless the deficiency of the trip is due to a circumstance for which Latventure Incoming is not responsible.

10.5- Exclusion of claims

Claims for non-performance of the tour according to the contract have to be made by the customer to Latventure Incoming within one month after the contractual end of the tour. After the expiration of the deadline, the customer can only make claims if he was prevented from meeting the deadline through no fault of his own. In the customer’s own interest, the notification should be made in writing. The date of receipt by Latventure Incoming is decisive for this. Any liability for claims received later is excluded. Service providers, tour guides or other local representatives are not authorized to accept claims.

10.6- Limitation

Claims of the customer are subject to a limitation period of one year. The limitation period begins on the day on which the trip should end according to the contract. If negotiations between the customer and Latventure Incoming about the claim or the circumstances justifying the claim are pending, the limitation period is suspended until the customer or Latventure Incoming refuses to continue the negotiations. The statute of limitations comes into effect at the earliest 3 months after the end of the suspension.

 

11- Duty to cooperate

11.1- The customer is obligated to do everything he can reasonably be expected to do in order to contribute to the elimination of the disruption and to keep the resulting damage to a minimum for all parties involved.

11.2- In particular, the customer is obliged to immediately inform the local tour guide of his complaints. The tour guide is instructed to provide remedy, if this is possible. The tour guide is not authorized to make statements regarding claims for damages. If no tour guide is available, Latventure Incoming is to be notified at its place of business.

11.3- If the customer culpably fails to report a defect, a claim for reduction will not occur.

11.4- If no remedy is provided within 48 hours and it is a significant defect, the customer can arrange for remedy himself. The costs incurred will be reimbursed within the scope of the originally agreed trip (hotel category, means of transport, etc.) and against receipts.

 

12- Liability of the tour operator and limitation of liability

12.1- Latventure Incoming is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and supervision of the service providers, the correctness of the description of all travel services specified in the travel description and the proper provision of the contractually agreed travel services.

12.2- In case of simple negligence Latventure Incoming is only liable to the customer in case of breach of essential contractual obligations (cardinal obligations). Otherwise, the pre-contractual, contractual and extra-contractual liability is limited to intent and gross negligence, whereby the limitation of liability also applies in the case of fault of a vicarious agent. The contractual liability of the Supplier for damage that is not bodily injury is limited to three times the travel price.

12.3- Claims for damages against Latventure Incoming due to tort and in case of bodily injury are limited to the amount of the foreseeable damage, but in any case to the amount of the coverage of the liability insurance of the tour operator. Latventure Incoming will grant the client access to the insurance policy upon the client’s request.

12.4- The recourse of the customer against Latventure Incoming because of warranty claims of the traveler is excluded if the traveler has culpably omitted to report the defect immediately on site or if the customer has violated his obligations to cooperate from paragraph 11 and Latventure Incoming therefore had no opportunity to remedy the situation.

12.5- A claim for damages against Latventure Incoming is limited or excluded insofar as, due to international agreements or legal regulations based on such, which are applicable to the services to be provided by a service provider, a claim for damages against the service provider only arises or can be asserted under certain conditions or limitations or is excluded under certain conditions.

12.6- Latventure Incoming is not liable for service disruptions in connection with services that are only mediated as external services and which are expressly identified as external services in the travel descriptions.

 

13- Passport, visa and health regulations

Latventure Incoming is not responsible for informing the travelers about the provisions of passport, visa and health regulations and their possible changes before departure. The customer is responsible for informing the travelers in this regard.

 

14- Insurance

Latventure Incoming recommends the conclusion of a travel health insurance with medical emergency assistance, the all-round carefree service as well as a luggage insurance.

 

15- Privacy

The personal data provided to Latventure Incoming will be electronically processed and used as far as they are necessary for the execution of the contract and for customer service. Latventure Incoming complies with the provisions of the Federal Data Protection Act when collecting, processing and using personal data.

 

16- Applicable law, partial invalidity, place of jurisdiction

16.1- The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.

16.2- Ecuadorian law is applicable to the legal relations between the client and Latventure Imcoming. Exclusive jurisdiction for lawsuits against the company Latventure Incoming Cia. Ltda. is Quito, Ecuador.

 

17- Tour operator

Latventure Incoming Cia. Ltda.
Av. Colón E8-57 y José Urbina
Ed. El Cisne, 8vo Piso, Ofc. 8A-B
Quito – Ecuador

Phone: +593 2 2 905 737
Fax: +593 2 2 901 207
E-Mail: info@latventure.com
Internet: www.latventure.com

Number of registration: 1792075912001.001.9000441