TERMS & CONDITIONS
The terms and conditions contained in this document (hereinafter “Terms and Conditions”) apply to all reservations made with Link-Experiences S.A. (hereinafter the “Company”).
The person or persons or entity, which contract and/or utilizes the services of the Company from now on will be called the “Client”.
The Client and the Company agree to be bound by the present terms and conditions.
Any deposit or payment made by the Client to the Company, for the services that the Company will provide, constitute acceptance for any person that will receive the services of the Company of the Terms and Conditions described as follows, and updated at //www.linkexperiences.com/index.php/terms-conditions/
Any price mentioned in the offers and/or itinerary provided by the Company are in dollars of the United States of America and are per person. The Client shall pay the Company in dollars of the United States of America. Prices are subject to changes and availability. Prices could increase unexpectedly, without prior notice. Cancelations of a reservation could occur due to contingencies out of the reach of the Company and, if there is any, the Company will properly inform the Client. All services that are not detailed in the itinerary must be paid directly by the Client.
Children discount is subject to rooms/cabins capacity that the Company should inform upon Client request.
- RESERVATIONS AND PAYMENTS
Any requests for reservations, changes, modifications, or cancellation (either partial or full) must be notified by Client in writing to Link-Experiences S.A to one of the following company e-mails: email@example.com / firstname.lastname@example.org / email@example.com
In order to confirm a reservation, the client shall submit in writing, with full responsibility over the information provided, the following details:
- full names;
- date of birth
- passport number;
- home address:
- mobile and/or landline phone number:
- emergency contact information:
- a detail description of any illness, allergies, physical/mental disability or health problem that might require special attention or treatment, and, dietary restrictions (Remember that Quito is located approximately at 9,000 feet above sea level.
The reservation will be confirmed once the Company notifies the Client that all the indispensable required information of the Client and its companions is submitted, and that a down payment deposit has been received in the account of the Company. A non-refundable deposit of 25% is needed to confirm reservations.
The full balance of the tour fare must be paid by the Client to the Company, no later than 70 days prior to the starting date of the tour/services, and for peak season (detailed on Appendix A) no later than 120 prior to the starting date of the tour/services. If a Client does not pay to the Company within the 70 or 120 days respectively, before to the starting date of the tour the Client authorizes the Company to automatically cancel the reservation made by the Client and, if applicable, the Company can apply cancelation charges according to the Cancellations policy detailed below. For tours confirmed within 70 days (or 120 days in peak season) prior to the starting date of the tour/services, full pre-payment is required in order to confirm booking.
In addition, all services not owned by Link-Experiences S.A. will be subject to the policies and conditions established by each third-party supplier.
The payments and/or deposits shall be directed to the Company´s bank account in Ecuador, within the time limits established in these policies for reservations to be processed. Payments can be made by credit card (Visa or Master Card,) or to our bank account in Ecuador. In case of wire transfer, the Company will provide the Client its local bank information. The Client will pay and/or assume the charges for transferring funds, credit card fees and any other applicable tax or costs, if any. Please notice that the Company shall receive the notice of payment to verify and confirm that the deposit has been made as per the itinerary provided to the Client.
For charters, groups and particular tours, special conditions do apply and are detailed on Appendix A. This conditions may vary according to negotiations and agreements signed with The Company
Any cancellations made by the Client, shall be notified in writing to the Company. The Company shall review the cancelation notification, in order to accept it and/or to notify the Client if cancelation charges are applicable and shall be paid by the Client. All deposits or payments are non-refundable, except when specified by The Company in the tour itinerary proposal, and subject to the policies and conditions established by third party suppliers.
A cancellation made by a Client due to medical reasons or force majeure could be accepted by the Company only if a report its submitted by a medical doctor, in case of medical reasons, if the force majeure is an Act of God in which it was impossible to predict by the Client and that the Client had not caused itself. In case that the medical reasons or force majeure is accepted by the Company, and conditioned to the policies, conditions and acceptance of the third-party suppliers, payments or deposits made could be refunded as a credit note for a future booking to be booked by the Client during a limited time.
If the Company modifies the itinerary due to force majeure or acts such as war, internal commotion, strikes, terrorism, fire, natural disasters, government or public authorities’ decisions, or any other extreme circumstances, the Company is not obligated to compensate the Client nor to refund any payment or deposit made by the Client. In case of operational circumstances not foreseen by the Company, that could affect the itinerary schedule, such as mechanical problems of vehicles or vessels, an alternative tour itinerary will be implemented according to the third-party supplier’s availability, and if not a refund to the Client., conditioned to the acceptance of third party suppliers.
The Company does not include any type of insurance in the tours offered to the Client. The Client shall obtain travel insurance, and any other type of insurance if they feel it can be necessary, before arriving to Ecuador or any other destination that is or could be part of the itinerary. The travel insurance obtained by the Client should cover, among others that the Client decides, a trip/itinerary cancellations and/or interruption, a high medical coverage of at least USD $300,000 and medical emergency evacuation coverage of at least USD $30,000.
- REFUNDS AND COMPENSATIONS
No refund will be made for any unused service such as hotels or cruise accommodation, services or transportation, unless it is because of medical reasons or force majeure and conditioned to the acceptance of the third-party suppliers, as described in clause 3 of this Terms and Conditions. In these cases, there will not be any refund. The Company conditioned to the acceptance of the third-party suppliers will issue a credit note for a future booking to be booked by the Client during a limited time. If based on medical reasons it is impossible to book an itinerary within one year, a refund will be made, conditioned to the acceptance of the third-party suppliers, but there will be a fee withheld for administrative charges.
The responsibility of the Company will not extend beyond this refund and no payment will be done, or compensation given, in respect to claims for contingent liability or inconvenience experienced by the Client. No refund, payment nor compensation will be made by the Company to the Client, on lost, mislaid, stolen or destroyed tickets, vouchers, and property of the Client.
No refund will be made for any missed service, except for those where it is possible to demonstrate the Company´s responsibility.
Any complaint or comment that the Client might have while on the itinerary must be notified in writing by the Client to the Company within 30 days after the end of the itinerary in order to process it properly. The Company shall respond to the Client within 10 business days.
- RESPONSIBILITIES AND LIMITATIONS OF LIABILITY
The Company acts as agent of other companies, and/or also, the Company subcontracts other companies and services for its operations, therefore, the Company accepts no responsibility for any death, accidents, damages, losses and/or delays that may occur due to any act or omission of any supplier or by any other event over which it has no control, such as strikes, weather, nature forces, war, internal commotion, Government or authorities’ decisions, criminal acts, terrorism, fire, natural disasters, , hostilities, civil disturbances, riots, thefts, mechanical defects of vehicles or vessels, breakdown of equipment, or any problems caused while the itinerary takes place.
The Company will not be responsible for any damage resulting directly or indirectly from delays, cancellations, or changes of flights, hotels, cruise lines, restaurants, and transport suppliers and other services. In the event, it becomes necessary or advisable for the comfort or wellbeing of the Client, or for any other reason, to change or alter the itinerary, such alterations will be made by the Company, and the Client cannot impose any penalty or request any refund. If due to alterations in the itinerary for wellbeing of the Client, the Client shall pay additional expenses not included in the itinerary.
The Company reserves the right to refuse or cancel any reservation made by Client at its absolute discretion, without being obligated to give a reason for that action, within 15 business days after the Client has paid in full for the reservation.
The Client is responsible for comprehending the conditions explicitly and implicitly communicated in the trip itinerary, this document and pre-trip information, as well as information communicated by tour-guides, crewmembers and The Company representatives, throughout their tour, following normal patterns of social behavior, not to impede trip operations, and observing all safety requirements without exception while acting in an appropriate and respectful manner toward all personnel offering tour services.
If a Client is believed to be a hazard for himself/herself or others, or other Clients or whose actions impede the right itinerary operation or jeopardize the rights, welfare, enjoyment of the itinerary, the Company reserves the right to refuse, revoke, cancel or restrain the Client from continuing in the itinerary, at total risk and expense of the Client.
The Company will not be obligated to refund any portion of the rate paid by any Client who must leave the tour prematurely due to personal reasons or for the actions describe in the previous paragraphs, and, therefore, the Company will not be responsible for accommodations, meals, return transportation or other expenses incurred by the Client for these reasons.
The Company will not be held liable for the actions or activities of any Client that consumes, uses, buys or obtains, by any means, alcoholic beverages, illegal drugs or other prohibited substances or goods such as weapons and/or any hazard materials. Illegal substances/drugs and the abuse of alcoholic beverages are strictly forbidden during the itinerary. The illegal possession of drugs must be notified immediately, if they are detected, the itinerary will be cancelled immediately and no refund or compensation will be paid or given to the Client. Nevertheless, the Company could claim to the Client for damages and any other recourse it could have right too.
The Company refuses any and every liability for an accident stemming from the practice of extreme sports, adventure or recreational activities, such as and not limited to water sports, bike rides, horseback riding, boating on rivers, rafting, canyoning, snorkeling, diving, zip-lining hikes, among others. The Company will not be responsible for any loss, injury, harm or death. Clients that will be involved in any adventure and/or recreational activities during their itinerary, agree to accept the TRAVELER PARTICIPATION WAIVER for ADVENTURE & RECREATIONAL ACTIVITIES. The details of this waiver can be read in the following link:
Clients must be in good health and physical/mental condition. It is solely the Client’s responsibility to decide if their participation, or their accompanies, in the itinerary is safe as they will have to climb up and down during hikes, walk over uneven terrain, get on and off a boat or ship in moving water, expend long distances on a boat, car or bus that could be located hours away from the closest medical hospital. However, in no case will the Company be held liable for incidental or consequential damages. The Company reserves the right to restrict the participation of the Client, if the Company presumes there could be some kind of imminent hazard for the Client or other members of the group, and the Client will be fully responsible of all related risks and costs.
Any physical disability or health problem that might require special attention or treatment should be reported in writing to the Company before making the reservation. In these cases, the Company reserves the right to decline the provision of services or to cancel the reservation. Clients are responsible for choosing an itinerary that best fits with their abilities and interests. The Company will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injuries, death, among others, caused by any physical or mental disability, whether it has been reported to the Company or not. No refund will be forth coming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the Client. The Company will not be held liable for the provision of medical care during the itinerary.
The Client, by accepting the itinerary, voluntarily assumes all risks involved in such travel, whether expected or unexpected. The Client is hereby warned by such risks, and is advised to obtain appropriate insurance coverage against them
The Client assumes complete and full responsibility for, and hereby releases The Company from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirement of each destination, and all safely or security conditions at such destinations, during the length of the itinerary.
The Company reserves de right to cancel an itinerary for any reason prior to departure date and will not be responsible for any damages resulting from said cancellation. In case of such itinerary cancellation by the Company, a full refund of the money paid to the Company will be offered. There will not be any additional liability nor claims that a Client could impose on the Company.
In addition to the specific terms and conditions herein, the Company makes available to passengers pre-trip information in its website (www.linkexperiences.com) or via direct emailing to passengers. The Company pre-trip information should be read by all passengers to better prepare them for their trip.
In case of a dispute or controversy between the Company and the Client, related to the execution of this agreement, either party may give the other a written notice of such dispute and the parties shall try to resolve the dispute within 15 business days. In case the parties do not solve the dispute within 15 business days of such notice either party may submit a dispute in the mediation and arbitration process, under the provisions contained in the Law of Arbitration and Mediation of Ecuador and according to the regulations of the Arbitration and Conciliation Center of Quito´s Chamber of Commerce.
Such mediation shall take place in Quito, and the language of the arbitration shall be in Spanish. The arbitration will be performed fairly and without bias and will be final binding, without appeal, and of compulsory compliance on the part of the parties who hereby waive any right that they may have to file a new claim for the annulment of the resolution.
The expenses of the arbitration are to be paid in the portions to be determined by the arbitrators considering the principle that the losing party that has litigated without good cause, shall be assessed all the litigation cost, including lawyers ‘fees.
- ANTI MONEY LAUNDERING
Client confirms and accepts that:
1) The sources of funds used to pay for its reservation come from its own money, or lawful funds from third parties.
2) The funds use to pay this reservation come from licit and authorized sources.
3) The businesses where the funds come from to pay for this reservation are not fake businesses or come from Money Laundering, Terrorist Funding or Unjustified Enrichment.
4) Funds used to pay for this reservation are not the result of tax evasion or embezzlement and/or government corruption in any country.
5) This reservation will be charge and paid in dollars of the United States of America, so that way it is automatically under the extraterritorial effects of the “UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM ACT OF 2001” Law, better known as the USA PATRIOT ACT.
And that any legal or technical request required by the authorities of the United States, or Ecuadorian authorities result of the Due Diligence carried on by their Financial Institutions it is sole and exclusive responsibility of the Client and exempts the Company of any obligation.
6) The Client expressly authorized the Company to release their personal information contained in the “Know Your Client Form”, as well as any other information to the Financial and Economic Analysis Unit (“UAFE”) and/or the Superintendence of Companies, Prosecutor Office, Securities and Insurance, or any other competent authority, if they require.
7) If the Client is part of a pre-trial investigation and/or judicial or criminal investigation by the Ecuadorian authorities, Client authorizes the Company to terminate the contract unilaterally, expeditiously and without compensation or future claims.
The Client accepts the content of this document, with the accreditation of the first payment and/or by accepting on-line to confirm the clear and total understanding of each part.
|APPENDIX A: DEPOSITS AND PAYMENTS POLICY|
|For individual travelers:|
|To confirm your booking: 25% of total (due dates given on proposal).|
|70 days prior to departure: 75% (full payment including air tickets)|
For tours confirmed within 70 days prior to the starting date of the tour full pre-payment is required in order to confirm booking.
Deposits or payments are non-refundable
|For charters and groups to Galapagos of 3 cabins and more:|
|To confirm your booking: 20% of total (due dates given on proposal)|
|340-180 days prior to departure: 40% of total|
|95 days prior to departure: 40% (full payment including air tickets)|
Reservations within 95 days or less prior to departure should provide full payment, in order to confirm booking.
Deposits or payments are non-refundable.
|1: Deposits/Total payments should be received on the Company account on the dates according to the above mentioned policy.|
|2: If the deposits or payments are not received on the Company account on the time limits according to the above mentioned policy, the Company hold the right to cancel your reservation.|
|3: The Company accepts only written cancellations, sent by e-mail. Please ask for a change-of-date for a future booking alternative because there is a no refund policy.|
|4: Penalty fees for cancellations will automatically be discounted from deposits/total payments.|
|5: In all Charters, confirmation deposit will not be refundable.|
|6: Peak Season Dates such as Christmas, New Year Eve and other holidays (from Ecuador, United States and Peru) apply stricter payment and cancellation policies, according to each specific itinerary and subject to third party policies and conditions.|