BANANATOURS S.A. GENERAL CONDITIONS
The terms and conditions described in this document apply to all services, cruises, and programs reserved with Bananatours S.A. These terms and conditions will also apply to any third party program or services sold or arranged by Bananatours S.A. Any travel member, traveler, customer or any person or company that hires the services must be referred to as “user”. The user of Bananatours SA services agrees to adhere to these “Terms and Conditions” and any other changes that may be updated in the future on the website at www.bananatours.com.ec that are valid in the moment in which the service is provided. Any deposit or payment of services for Bananatours S.A constitutes the joint acceptance by the client and the end user of the terms and conditions described in this document. All users of Bananatours S.A are responsible for reading and understanding this section.
RATES AND CONDITIONS
The published rates Bananatours S.A are GROSS values. Tickets, taxes and additional charges are NET. Exceptions may be applied. Rates Bananatours SA are guaranteed for the indicated period, unless there are strong increases in fuel prices and logistics, international policies and government regulations, exchange rate fluctuations or any other event that affects the operation outside the control of Bananatours SA If there is no adjustment, you will be informed when a firm reservation is received with full payment. All points not specifically provided for in the itinerary must be paid directly by the passenger. Bananatours S.A does not accept responsibility for discrepancies between verbal quotes and written quotes. After the payment has been made, all the information contained in the itinerary of services of Bananatours S.A is considered correct. Sales compliance is constantly monitored, if the objectives are not achieved, Bananatours S.A reserves the right to review the net rates of any new reservation or reserved space without the required deposit.
1. RESERVATION GUIDELINES
Bananatours S.A must be informed in writing of all reservation requests, reservation changes and / or payment. Reservations are confirmed when the total payment is credited to the accounts of Bananatours S.A. The client is also responsible for verifying the vouchers and proforma / invoice quoted by Bananatours S.A.

1.1 Passenger Information Record:

Once the reservation is confirmed, the list of passengers and their data must be registered exactly as they appear in the passport and travel documents.

a) Request the Passenger Information Form and return it with complete data. (No other form or format can be used for this purpose).
b) Use the individual links sent together with each confirmation in order to fill in the data online.
Required passenger data:
  • Title (Mr., Mrs., Chd. (Child), Inf. (Infant)).
  • Name / surname / birth number, as shown in the passport.
  • Copies of passports in the case of children under 12 years.
  • Marital status: single / divorced / widowed / free union / married.
  • Spoken language.
  • Type of accommodation on board and in hotel (type of cabin / room, double, triple or single).
  • Cabin category on board.
  • Assignment of cabin / room (companion).
  • If only the cruise is booked, the name of the hotel and service operator is required.
  • Dates and flights of arrival and departure international in Ecuador.
  • Emergency Contact, and home phone.
  • Insurance Company Contact, if existing.
  • Allergies, disabilities or diet.
1.2 Duly signed liability release form is required with a copy of the passport in case of:

a) Children under 12 years old.

With a copy of the passport of the legal representative.

b) Passengers with physical disabilities or health problems.
For the safety of passengers and suppliers, Bananatours S.A reserves the right to decline the provision of services in case the information given on the physical condition has been distorted or omitted..

c) Diving and other sports or adventure tours.
Members who participate in these activities and other adventure sports are responsible for selecting the activity according to their abilities and deciding if their participation in the tour is safe since they will have to engage in activities that involve speed, height, effort level Physical and specialized training. An International Diving license is required to confirm diving options. PADI open water course and a minimum number of dives is required depending on the depth and / or time and level.

1.3  Special requirements:

Diet or allergies must be notified to Bananatours S.A up to 61 days before the tour’s departure date. Bananatours S.A will do everything possible to meet the special needs of the diet, however, it cannot be guaranteed especially in Galapagos, as there are restrictions on provisions. In certain cases, Bananatours S.A may need more information such as height, weight, physical condition, etc., in order to provide the best accommodation and services to its guests..

Bananatours SA is not responsible for complaints or refunds in case of services that have not been provided if the information detailed above was not given or sent on time (1.1, 1.2, and 1.3), or due to limitations of the properties involved such as during high season, when the category of a cabin / room to share, single or triple cannot be guaranteed. If the accommodation of a passenger has to be changed, the client will be contacted before the date of departure and Bananatours S.A will reimburse the amount proportional to the price difference, if any, for the service alternative, category or accommodation given.

2. DEPOSIT, PAYMENT AND CANCELLATION POLICIES

Bananatours S.A will reserve the spaces when the deposit / payment conditions are met. All payments must be made to the accounts of Bananatours S.A within the established times if the space that has been blocked could automatically be released, and your deposits will not be returned.

Any modification or cancellation must be notified in writing to be considered and accepted by Bananatours S.A; The user must also ask Bananatours S.A to receive the notification of the cancellation and, consequently, the spaces have been released. Bananatours S.A will report on penalties to be applied.

Cancellation expenses will be automatically deducted from deposits or payments. If a reservation agent guarantees a reservation without payment, the invoice must be honored in case the services are canceled. The remaining balances will be paid to future reservations on a credit note, or will be used as part of payment for spaces that are saved (if the case requires).

Last minute requests are subject to availability. The priority is given to total payments based on a system “who first pays first will be served”.

In the case of groups and charters a monthly sales report is mandatory.

2.1  Galapagos cruises:

a) Individual passengers and groups

Deposits and Payments:

  • A deposit of $ 300 net per person per short cruise throughout the year and $ 500 net per person per short cruise during holiday seasons (Easter, Christmas and New Year) are required to place the reservation in “priority one” . If the deposit is not received, the reservation will be kept in “priority two”.
  • The total balance must be credited to the accounts of Bananatours SA up to 61 days before the passengers at the same departure under the following conditions: Between 120 and 61 days before departure, a penalty of US $ 150 per person per short cruise will be loaded Between 60 and 31 days before departure, a 20% discount will be granted for the new reservation that implies a change of date with the same names. You will lose the balance. Price adjustments apply depending on the date, boat and cabin available. 

Cancellations and penalties:

  • 121 days before departure, spaces can be released without charge.
  • 120-61 days before departure, US $ will charge for any space released.
  • 60 days before departure, reservations will be automatically considered as firm, therefore, 100% of the total negotiated rate (cruise + fuel surcharge) will be charged if the reservation is canceled.
b) Charters or media charters

Deposits and Payments:
  • 20% deposit of the total charter rate is required to place the reservation in “priority one”. If the deposit is not received, the reservation will be kept in “priority two”.
  • 50% deposit of the total fare is required 180 days before the departure date.
  • 100% of the total balance must be paid 91 days before the departure date.

Cancellations and penalties:

  • 301 days before departure a charter can be released without charge.
  • 180 days before departure, deposits will be lost.
  • 300 to 181 days before the departure date, a full charter can be reduced without penalty with a half charter rate. If the entire charter is canceled the 20% deposit will be charged. Price adjustments apply depending on the date, boat and available cabins.
2.2 Thirdparty services:

Reservations on the mainland and plane tickets will be processed only when the orders are firm. The conditions for the payment of hotel services and other third parties may change depending on the particular conditions established by the provider.

In the case of hotels in continental Ecuador, Galapagos, non-refundable deposits, stricter payment policies and higher cancellation costs may apply when boutique hotels, groups or series that require sufficient space in advance, special events, accommodation in high season or days Party, meals, and others.

For the issuance of airline tickets and cruises full payment is mandatory. Any change will be subject to the policies of the airlines or the operator that owns the cruise rights. Tickets or cruises issued are non-refundable and non-endorsable. Air tickets to Galapagos are issued 30 days before departure. Taxes and tickets are refundable up to 10 days before the travel date.

Ground services, guidance, train tickets, transportation and others, if the reservation is canceled within 30 days before the start of the trip, 20% of the total negotiated rate will be charged and retained. With the exception of services for which stricter policies apply.

2.3  Payment process:

Payments can be made only in the account indicated by Bananatours S.A in US dollars or euros. Major credit cards and PayPal are accepted only from direct passengers. Special conditions apply. Any additional expenses for the transfer of funds must be covered by the user and included in the payment. Bananatours S.A must receive the payment notice to verify that the money was credited. The reservation will be confirmed once the money has been fully deposited in accounts of Bananatours S.A.

3. GUIDES AND GROUP LEADERS

Bananatours S.A complies with all national tourism regulations. All guides are very knowledgeable about all the areas that passengers will visit as part of the scheduled itineraries. Bananatours S.A offers experienced guides to tourists who speak fluently and English and Spanish. Any other language must be requested when booking the space and will be provided only if available. These may incur a charge.

There is no extra charge for German, Italian and French guides when groups exceed 6 passengers, except for scheduled departures in French and German, which are available throughout the year (check with booking agents).

The naturalist guide may have to provide assistance, information and interpretation in two or more languages ​​at the same time if necessary.
If there is no requested language at the time of the visit, the extra charge for this language will be refunded. Tourists should facilitate the work of guides and drivers by complying with the following: the delivery of vouchers when requested, respecting the pick-up time when transfers are required, and complying with local rules and regulations.

The client acknowledges that any local or foreign group leader who is being provided by the client is not allowed to operate and act as a guide in Ecuadorian territory and / or the Galapagos Islands. The group leader must comply with all the requests submitted by the local guide authorized by Bananatours S.A, on the other hand he will be able to coordinate each step according to the terms of the contract.

Group leaders are not authorized to change the itineraries presented by Bananatours S.A or other itineraries operated by Bananatours S.A, without the prior written authorization of Bananatours S.A. Group leaders are prohibited from offering alcoholic beverages or any other substance to guides, drivers, crew members, or any other member of the trip.

GENERAL RESPONSIBILITIES

4.  SECURE
It is mandatory for all passengers who use the services of Bananatours S.A or third-party services contracted by Bananatours S.A to obtain the necessary insurance before arriving in Ecuador. Insurance is not included in cruises and excursions of Bananatours S.A. We highly recommend coverage for travelers and goods, as well as in case of travel delay, trip cancellation, interruption, luggage, life insurance, medical, accident, illness, etc. Bananatours S.A equipment meets the local insurance legal requirements for its operation only.

5.  SAFETY IN OPERATION
If it is suspected that a passenger is dangerous to himself or others, or if it is a cause for inconvenience to his travel companions, the tourism representative may deny him participation or cancel any cruise or program at the moment, at total risk and expense thereof.

For security reasons, Bananatours S.A will not admit any passengers who carry firearms or white weapons that could cause damage to the crew, flora or fauna. Prohibited items include firearms, knives, compressed gases, corrosive substances, poison, explosives, ammunition, fireworks and flares, flammable liquids and solids, radioactive materials and oxidizing materials.

Bananatours SA reserves the right to deny, revoke, accept or restrict the participation of any person whose actions impede the operation of the visit or jeopardize the rights, well-being and enjoyment of other group members, or who may pose a danger for themselves or others, damages to nature or that violate regulations. Bananatours S.A also reserves the right to deny, revoke, accept or restrict the participation of any person that it considers incapable of enduring the difficulties or the fulfillment of the requirements of participation in the activities that have been planned or contracted.

Bananatours S.A will not be obliged to reimburse any portion of the canceled fare to any passenger who must leave the cruise or land service early for the reasons specified above. Therefore, Bananatours S.A is not responsible for accommodation, meals, return tickets and other expenses incurred by the passenger for these reasons.

Bananatours S.A is not responsible 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 prohibited on board cruise ships or during the continental excursions of Bananatours S.A. Illegal possession of drugs must be notified immediately. If detected, the cruise or visit will be terminated immediately for the passenger in question and the money paid will be considered lost.

Any physical disability or health problem that requires treatment or special attention, in these cases, Bananatours S.A reserves the right to refuse the benefit.

Bananatours S.A is not responsible for consequences or expenses incurred for changes, cancellations, accidents, injuries, death, etc., caused by any disability, whether informed to Bananatours S.A or not.

No refund will be made for departures and visits that were not enjoyed by the user. Bananatours S.A is not responsible for the provision of medical assistance during the visit.

6.  THIRDPARTY SERVICES 
It acts only as an agent of owners, contractors and suppliers that provide means of transport and / or services related to the visit, and therefore will not be liable for damages, losses or damages to persons or properties resulting directly or indirectly, but not limited to, Detention, disturbance, delays and expenses arising from quarantine, strikes, theft, theft, force majeure, or failure of any means of transportation to arrive and depart as planned, civil disturbances, terrorism, government restrictions or regulations, and transit discrepancies or changes in airplanes, cruises, hotels and any other service, in case of incidents such as cancellation of the plane, route change or any modification of services or accommodation, due to lost luggage of airlines or independent tour operators that deal with The transfers.

Bananatours S.A is not responsible if a transfer, hotel accommodation, flight, or any other service is lost due to canceled flights. Alternative transportation, hotel accommodation, additional services or flight rescheduling must be coordinated and paid directly by the passenger or through the ticket issuing agent.

Bananatours S.A is not responsible for the acts or omissions of suppliers (third parties) or for any loss, damage or expense that the user incurred as a result of the acts and / or service omissions by them.

Bananatours S.A and its associates act only as agents for passengers in matters related to transportation, accommodation or other services. As agents, tickets, vouchers or exchange orders will be governed by the terms and conditions of the companies that offer the services.

Bananatours SA is not responsible for, and passengers release Bananatours SA from, any injury, damage, loss, accident, delay or irregularity that may be caused by third parties – person, company or corporation – in the fulfillment or omission of making arrangements previously agreed, or by the bad of another type, of any person, company or corporation that acts in third party condition, in the provision or breach of services.

Bananatours S.A can book hotels, cruises in the Galapagos Islands (see section 2.2 for details), however, land tours are not sold or provided by Bananatours S.A due to quality control and strict regulations. Bananatours S.A can only refer to suppliers.

7. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY
These General Conditions apply to third parties that hire Bananatours S.A services from agencies, wholesalers and operators that act as intermediaries, through the Internet or any other instrument approved by Bananatours S.A. The client accepts the terms
and general conditions published and updated by Bananatours SA on the website: www.bananatours.com.ec and declares that it has read, understood and accepted in its entirety, without the right to claims, and that it is fully responsible for its transmission to end users for them to adhere too.

Bananatours SA denies any responsibility for claims that may arise due to the loss or deterioration of the luggage or property of the passenger, personal injury, death, or delay as a result of acts, omissions or negligence of an independent contractor or supplier, such as, but not limited to, airlines, cruises, hotels, restaurants, transportation providers and other services or facilities.

Bananatours S.A denies any responsibility for accidents arising from diving, water sports, excursions on the islands or on the mainland, or other activities outside our facilities. Bananatours S.A is not responsible for any loss, injury, death or damage unless caused by the negligence of Bananatours S.A, in any case the responsibility will be subject to Ecuadorian laws and regulations.

Bananatours S.A accepts children as passengers on their continental and island trips in Ecuador, but is not responsible for accidents that could occur to minors. Children are the sole responsibility of their parents and / or legal guardians.

The passenger is responsible, and for a surcharge, fine, loss of money and / or expense incurred under any act, omission or violation of the law by the passenger and for the damages caused to the vessels as a result of an intentional act, negligence or omission by the passenger.

Bananatours S.A reserves the right to take photographs, shoot video and use texts included in the comment cards of any trip and its participants, and may use this material for the promotion and / or marketing of its products.
Videos and / or photographs that can be used by passengers for commercial purposes will require prior authorization by the competent authorities of the Galapagos National Park.

Passengers must be in good health and physical condition. Tour members are responsible for selecting a tour that fits their abilities and interests, and it is their responsibility to decide if their participation during the visit is safe, in case of cruises considering that they will have to get on and off the yacht or boat towards a panga (small boat), swimming among marine animals, rocks and the open sea, diving into the ocean, hiking can demand efforts and risks from the passenger, including steep roads, uneven terrain, yacht or boat trips to a panga (small boat), and travel by car and bus in Ecuador. However, IN NO EVENT SHALL Bananatours S.A BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

Bananatours S.A reserves the right to restrict the participation of passengers if it involves any kind of imminent risk to their person or other members of the group, and the passenger who is disembarked is fully responsible for all related risks and costs.

No employee, officer, agent or associate of Bananatours S.A may change the reservation listed above without prior written consent..

Operation Guarantee
Bananatours S.A tries to guarantee its tours as early as possible. Some tours, however, cannot be guaranteed until 15 days before it. In the event that a program is canceled due to the lack of it, the client will be notified before the scheduled departure date.

The program can be re-programmed or Bananatours S.A can reimburse the total payment made for the service not provided. Changes in the itinerary can be made when Bananatours S.A considers it necessary or convenient, including the replacement for comparable services of hotels, yachts or boats, attractions, visits, transport units. Additional expenses due to unforeseen itinerary changes for reasons beyond the control of Bananatours S.A are not included.

(If a category upgrade is required, an additional cost may be added). Any important changes will be announced as soon as possible before the start of the visit. The user can choose between: a) accept the change, b) accept the alternative offered, or c) receive a refund for services not provided. Returns will be made as a credit note directly to the tour operator involved or the party that pays (see section 2.4 for details). If the customer decides on the alternative offered, no refunds or additional credit are accepted, unless indicated in writing.

Bananatours SA is not responsible if it is not possible to operate the cruise or tour contracted for reasons beyond the control of Bananatours SA within 24 hours of the date of departure, the visit / excursion could be canceled and the money paid for reimbursement . In case of damage to the ship that cannot be repaired within the next 24 hours, Bananatours S.A will reimburse the proportional amount of the payment from the moment the problem was suffered or that the visit was interrupted. In case of force majeure or for commercial reasons, Bananatours S.A is entitled to provide a ship, if its availability exists, and reserves the right to replace it.

In situations of force majeure, Bananatours SA reserves the right to terminate the entire visit or a part thereof, make modifications it deems necessary and / or deliver to travel members any disbursement caused by delays or All air fares , cruises, taxes, schedules, departure ports, arrival / departure times and special programs are subject to change without notice. Local flights only allow one piece of luggage of 20 kilograms.

Cruise itineraries in Galapagos are subject to change without notice and can be operated on different routes. All Galapagos itineraries are under the direction of the Administration of the Galapagos National Park or may be modified at the discretion of the ship captain.

Tourist itineraries in the continent are also subject to modifications according to bad weather conditions, strikes, natural phenomena or occurrences of force majeure outside the will of Bananatours S.A, or if a minimum number of participants is not insured. Bananatours S.A reserves the right to modify itineraries and offer the best available alternative for its passengers. On dates including, but not limited to, religious holidays and national celebrations, some churches, museums, monuments and visiting sites may be closed.

There is no guarantee that specific wildlife will be observed during a trip on a particular continent or cruise. Optional departures and activities are subject to operational, environmental or physical conditions of the passengers.

Any independent arrangement by the passenger in which you wish to take part locally and that is not included in the program contracted by Bananatours SA and provided by an independent operator or local supplier must be the sole responsibility of the passenger, who is fully responsible for any related risk. and the costs must be paid directly to the organizer.

Bananatours S.A does not supervise or control this portion of the program and cannot be responsible for delays and expenses arising from or any part related to it. In this way, Bananatours S.A reserves services in connection with independent arrangements by the passenger.

Bananatours S.A reserves the right to change means of transport and / or guides during the operation of a tourist visit in cases of force majeure, to guarantee the quality control of Bananatours S.A.


8.  JURISDICTION

This agreement will be governed by the Ecuadorian Law and will therefore be interpreted within the framework of this law. In case of dispute between the parties as a result of this agreement, if it has not been resolved in a cordial manner, both Bananatours SA and the client will be subject to the jurisdiction of the Court of Arbitration of the Chamber of Commerce of Guayaquil (CCG), in compliance with the regulations of the Ecuadorian Arbitration Law. Rules of the arbitration process, to be followed: the parties waive the ordinary administration of justice and agree to accept the resolutions issued by the Arbitration Court. The Arbitration Court is composed of three (3) members. The arbitration process will be carried out in Spanish, at the CCG Arbitration Center, and will be confidential at all points. All parties must cover the corresponding expenses and fees.