Terms and Conditions of Service

GENERAL CONDITIONS

The terms and conditions outlined herein are applicable to all services, cruises, and programs booked with LATINTOUR Cia. Ltda., a tour operator in Galapagos. To these conditions, LATINTOUR Cia. Ltda. will also be referred to as "LATINTOUR". These terms and conditions also extend to any third-party programs or services sold or arranged by LATINTOUR. The term "user" refers to any trip member, traveler, customer, or any person or company that avails services from LATINTOUR. By choosing to use LATINTOUR's services, users agree to be bound by these “Terms and Conditions”, as well as any future amendments that may be posted on LATINTOUR’s official website (www.nemogalapagoscruises.com / www.nemogalapagos.com / www.galapagosinformation.com), valid at the time of service provision. Any deposits or payments made for services to LATINTOUR constitute a joint acceptance by the customer and the end user of the terms and conditions described in this document. All users of LATINTOUR’s services are responsible for reading, understanding, and complying with this section.

RATES AND CONDITIONS

1. All rates are in US Dollars and per person, excluding VAT (12% IVA will be levied from local agencies).
2. Child discount apply for kids under 12 years at the moment of travel; passport copy is required.
3. The minimum passenger age for FIT cruises is 3 years.
4. For charter children of all ages are accepted.
5. Single supplement is 80% surcharge.
6. For promotional or last-minute rates, single supplement will be 100% charge.
7. Single passengers are allowed to book a double cabin or sharing basis with same sex person.
8. For NEMO II Cabins 1 and 2 NEMO III cabins 5 and 8 are open for single travelers only with single supplement.
9. All rates mentioned are subject to change in the event of local tax increases or other unforeseen circumstances.
10. For Christmas and New Year, we only sell 8 days cruises, surcharge 10% for Charter and FIT (kids included).

11. FUEL SURCHARGE POLICY:

    Our rates are calculated with a cost per gallon of diesel of US$3,50. However, this price is subject to change because of possible increases in the price of petroleum or due to governmental regulations. If the price increases in a value greater than the one we used to calculate our rates, the difference will be charged as an extra fuel surcharge. This possible increase will be charged at the moment of making the final payment of the reservation

WAIVER OF LIABILITY FORMS

1. For the safety and assurance of all involved, LATINTOUR requires duly signed Waiver of Liability forms, accompanied by a passport copy, in the following situations:
   Children Under 12 Years Old: A signed waiver and a copy of the legal guardian's passport are required for children under the age of 12.
   Passengers with Special Needs: This includes individuals with physical disabilities or health issues. For the safety of both passengers and service providers, LATINTOUR reserves the right to decline service if there is any misrepresentation or omission of information regarding a passenger's physical condition.
   For SWIMMING, SNORKELING, KAYAKS, PADEL BOARD, and similar activities. LATINTOUR strongly advise participants to choose activities that align with their capabilities. It is the responsibility of the traveler to ensure their participation is safe, especially in activities involving speed, height, significant physical exertion, or specialized training. LATINTOUR will not be responsible if the participant does not choose wisely and engages in activities beyond their capabilities, leading to personal injury or other adverse outcomes.
   Download Passenger Release of Liability for more information.
2. Special Requirements: Passengers must notify Latintour of any dietary or allergy-related requests by completing the designated information form at least 61 days prior to the departure date of the tour. Latintour will endeavor to meet reasonable special dietary needs, but it should be noted that fulfillment of some requests may not be possible. In certain cases, Additionally, it is important to note that if the information is not received during Latintour regular business hours, Latintour will not be held responsible for the inability to meet these passenger requirements.

TERMS & CONDITIONS

1. Whenever the words ¨LATINTOUR Cia. Ltda.¨ is used in this writing it shall mean and represent the following, it´s owners, employees, agent, charters, and tenders. The term ¨guest¨ will encompass all persons or establishments involved in the booking or purchasing the voyage/tour under this contract.
2. Obligation of LATINTOUR Cia. Ltda. is to be established and operated in agreement with Ecuadorian law and to provide all the necessary information entailed in the contract to the guest.
3. The guest clearly understands and accepts the risks that could potentially coincide with this voyage/tour. LATINTOUR Cia. Ltda. will only be held responsible for loss, injury, or damage to person or property inside the vessel. Items of value that have been declared to the captain and crew will be reimbursed by LATINTOUR (for example cameras, jewelry, electronics) with a maximum value of US 500 per passenger.
4. For Galapagos and land excursions, we strongly recommend you obtain Travel Insurance, it must be for the duration of the trip. It is highly encouraged but if you decide against, then LATINTOUR Cia. Ltda. is exempt of all responsibilities related to an ailment, accident, death, or injury that has happened during land excursions. It is the guest’s responsibility to have all the proper documentation to attend this voyage (Visa requirements, vaccinations, a valid Passport for a minimum of 6 months).
5. Your reservation will not be settled or confirmed till the receipt of 20% is received. If reservations aren’t received until –day, then full payment will be obligated.
6. “Fare” means the amount paid for the cruise which includes full board, ship’s food during the voyage, but not gratuities, spirits, wine, beer, soft drinks, or mineral waters.
7. The travel voucher is only valid for the person(s) named as Guests at the time of purchase and cannot be modified without written consent.
8. LATINTOUR Cia. Ltda. reserves the right to change the price of a tour without prior notice in the event of any price increase beyond their control including but not restricted to fuel surcharges, changes to government taxes, and changes to published flight prices.
9. LATINTOUR Cia. Ltda. reserves the right to cancel or modify the itinerary due to unforeseeable acts caused by either natural disasters, human activism, local protests, declared states of emergencies, civil unrest, or any other situation beyond reasonable control that may compromise the safety or feasibility of the planned trip.
10. If the guest experiences a problem during the cruise, then they should inform LATINTOUR Cia. Ltda. right away. We will effectively respond to every complaint in due time and make every attempt to rectify the situation.
11. LATINTOUR Cia. Ltda. will not be responsible for refunds or compensations of any kind, under the following circumstances:
    • Changes to itinerary before or after departure.
    • Adverse weather conditions.
    • Mechanical issues affecting any form of transport on the trip.
    • Late arrival or NO-SHOW of the guest.
    • If the guest decides to leave the tour early or miss any activities / meals / accommodations during the tour.
    • The guest is travelling without the necessary documentation to be abroad including passport, visas, or immigration papers.
    • Different prices paid by passengers aboard including special offers.
12. The guest acknowledges and assumes all risk involving the travel and transportation while at sea or in port. The availability of medical assistance will either be limited or delayed during the voyage. Due to this evacuation may not be an option.
13. Proper travel documentation and eligibility to travel is required at the embarkation and throughout the cruise. It is the guest’s sole responsibility to make sure they have legal eligibility to travel.
14. Guest must attend the safety orientation and will be held liable of all the information covered throughout including complying with all health and safety regulations and familiarizing themselves with the protocol for safety evacuations and emergency exits.
15. No guest is permitted to bring aboard the vessel any live animals.
16. Weapons, firearms, or any other dangerous objects are strictly prohibited on the vessel. LATINTOUR Cia. Ltda. Reserves the right to confiscate, destroy, or turn over to the authorities if it is misused or putting the remaining passengers at risk.
17. The guest consents that those accompanying their party are both physically and emotionally fit to travel this specific voyage. Any guest with special medical, physical, or other needs requiring special accommodation is asked to notify LATINTOUR Cia. Ltda. Prior to the voyage.
18. LATINTOUR Cia. Ltda. Reserves the right to refuse services to any guest whose behavior constitutes a risk to others.
19. Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of “no shows”, cancellations received late or after the start of the cruise.
20. LATINTOUR Cia. Ltda. Has ¨zero tolerance policy towards any illegal activity or behavior by guests or crew aboard. It is understood that LATINTOUR Cia. Ltda. Must report any incidents of illegal activity to the appropriate law enforcement authorities.
21. Beverage Policy: For safety reasons, guests are prohibited from bringing alcoholic beverages on board.
22. The guests shall be held liable towards any damage to the vessel, its furnishing, operations/equipment, or any property of LATINTOUR Cia. Ltda. Caused by misconduct, neglect, or an accidental act by the guest.
23. LATINTOUR Cia. Ltda. Reserves the right to decline or to reject any person as a Guest, at any time, or to cancel a vacation package due to circumstances beyond the control of LATINTOUR Cia. Ltda.
24. Unless otherwise expressed, this contract constitutes the entire agreement LATINTOUR Cia. Ltda. And Guest. Any changes to any term of this contract must be in writing and authorized by LATINTOUR Cia. Ltda.
25. Guests excuse LATINTOUR Cia. Ltda. Of any and all claims loss and damage of baggage or property or personal injury or death; by losses from delays caused by the acts, omissions or negligence of any independent contractors , such as airlines, hotels, providers shore excursions, restaurants , transportation providers , medical personnel or other providers or facilities. In no case is LATINTOUR Cia. Ltda. Liable for events occurring outside the ship.
26. All passengers (parent or guardian if a minor) are accountable to LATINTOUR Cia. Ltda. And will reimburse any damage to the ship, its furniture and equipment or any object in the boat, caused by any intentional act or omission or Passenger negligent.
27. Reservations of those passengers under age 12 must be in a cabin with an adult present. These restrictions in terms of age shall be exempt in the case of legally married couples and children traveling with their parents or guardians in adjacent cabins. Note that the age of a person at the departure of the ship determines the status of the same throughout the holiday cruise.

PAYMENT PROCEDURES

1. A confirmation deposit of 20% is required. If no deposit is received within 10 business days, the reserved spaces will be released.
2. Thirty percent (30%) of the total price should be paid 90 days prior to the departure date.
3. The remaining balance (50%) must be fully paid 60 days prior to the departure date.
4. For last-minute bookings, the total payment is required.

CANCELLATIONS AND REIMBURSEMENTS POLICIES

1. Cancellation made after deposit will result in a retention fee of US $250 per person for 8-day cruises; for 4 and 5-day cruises, US $150 per person will be retained for administrative expenses.
2. Between 119 and 90 days prior to the departure, 20% of the total cruise rate will be retained.
3. Between 89 and 60 days prior to the departure, 50% of the total cruise rate will be retained.
4. Within 59 days prior to the departure, 100% of the total cruise rate will be retained.

CHARTER POLICIES:

• PAYMENT PROCEDURES

  1. For confirmation a deposit of 20% is required; If no deposit is received within 10 business days, the hold spaces will be released.
  2. The 30% of the total should be paid 181 days prior the departure date.
  3. Balance due (50%) must be completely paid 91 days prior the departure date.

• CANCELLATIONS AND REIMBURSEMENT POLICIES

  1. Cancellation made after deposit we will retain US 250 p.p for 8 days cruise, for 4- and 5-days cruise US 150 p.p will be retain; for administrative expenses.
  2. 300 - 181 days prior the departure - 20% of the total cruise rate will be retained.
  3. 180 - 91 days prior the departure - 50% of the total cruise rate will be retained.
  4. 90 days prior the departure - 100% of the total cruise rate will be retained.

IMPORTANT NOTES

1. Deposits/Total payments should be received on our bank account on the dates according to the above-mentioned policy.
2. If we don't receive the deposits/total payments according to the above-mentioned procedures, we hold the right to cancel your reservation.
3. We accept only written cancellations, sent by e-mail.
4. Penalties for cancellations will automatically be discounted from deposits/total payments.
5. LATINTOUR must issue the flight ticket: if not a penalty will be applied USD 50 per person, local agencies iva apply.

ONLINE CREDIT CARD PAYMENTS, TERMS & CONDITIONS:

By using the LATINTOUR Cia. Ltda. online payment service you have agreed to accept the terms and conditions applying at the time you complete the transaction.

All payments of LATINTOUR Cia. Ltda. using the online payment facilities are subject to the following conditions.

1. LATINTOUR Cia. Ltda. accepts the following credit cards:
   • American Express, MasterCard, Visa
2. CARD ASSOCIATION RULES: The Card Associations require that we and you comply with all applicable bylaws, rules, and regulations (“Card Association Rules”). The Card Associations have historically reserved the right to amend their rules and regulations. We may be required to change this agreement in connection with amendments to the Card Association Rules. Significant portions of the Card Association Rules are available to the public at usa.visa.com, www.mastercard.com, www.americanexpress.com, and www.discover.com.
3. When you complete the online payment form, funds will be deducted from your credit card account by our third-party payment processor STRIPE.
4. Credit Card processing fee is 5%.
5. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in LATINTOUR Cia. Ltda.'s records.
6. Online payments are secure:
   • Payments will be processed directly by STRIPE.
   • Credit card numbers are protected with a high-level security.
7. Confirmation:
   • If successful, STRIPE / LATINTOUR Cia. Ltda. will confirm that your payment was completed via email.
   • If unsuccessful, STRIPE will advise that your payment has failed. LATINTOUR Cia. Ltda. will not be advised why a payment has failed, therefore, you should contact your credit card provider for details.
   • If your payment fails, please use one of the other payment methods described on your invoice, to pay your invoice, your payment liability to LATINTOUR Cia. Ltda. will remain outstanding. Please arrange an alternative payment method promptly to ensure the use of LATINTOUR Cia. Ltda. services. If your payment liability remains outstanding you may be subject to penalties, interest, and other charges. Fulfillment of your rates and payment obligations are your sole responsibility.
8. LATINTOUR Cia. Ltda.'s Terms and Conditions for online payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction.
9. LATINTOUR Cia. Ltda. will treat all your personal details confidentially. We will only use your details for processing your order.
10. All refunds are issued at the discretion of LATINTOUR Cia. Ltda. and will be credited only to the account of the credit card making the original payment.
11. Should you have a complaint in respect of the online payment’s facility, then you can email or telephone LATINTOUR Cia. Ltda. regarding your complaint.
12. LATINTOUR Cia. Ltda. reserves the right to refuse to process payments in respect of users with a prior history of questionable charges.

ARBITRATION

In the event of any difference or dispute arising between the Parties in connection with this Agreement or in the execution or settlement thereof, the parties agree to undergo to the laws of Ecuador and the dispute shall be resolved by a Court of Arbitration of the Quito Chamber of Commerce, which shall be subject to the provisions of the Arbitration and Mediation Act.